The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which is a comprehensive reform replacing the Criminal Procedure Code (CrPC), 1973, continues the practice of summary trials for minor offenses. The provisions for summary trials are outlined under Sections 283 to 288 of BNSS 2023. These sections streamline the process for certain less severe offenses, ensuring a faster resolution with simplified procedures.

Key Provisions of Summary Trials under BNSS 2023:

1. Section 283 – Scope of Summary Trials:

This section defines the scope of summary trials, specifying that offenses punishable with imprisonment for a term not exceeding two years, or with fines only, are eligible for summary trial. The offenses include:

• Petty theft.(Sections 303(2), 305, or 306 )
• Receiving or retaining stolen property, under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023, when the value of such property does not exceed twenty thousand rupees;
• Aiding in the concealment or disposal of stolen property under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023, where the value of such property is capped at twenty thousand rupees;
• Offences delineated in Sub-sections (2) and (3) of Section 331 of the Bharatiya Nyaya Sanhita, 2023;
• Offending with the purpose of inciting a disturbance, according to section 352, as well as criminal intimidation as per Sub-sections (2) and (3) of Section 351 of the Bharatiya Nyaya Sanhita, 2023;
• Abetment of any of the previously mentioned offences;
• Attempting to commit any of the aforementioned offences, provided that such an attempt qualifies as an offence;
• Any offence arising from actions that can lead to a complaint under section 20 of the Cattle-trespass Act, 1871.

The objective is to dispose of minor cases swiftly while reducing the burden on courts.

2. Section 284 – Who Can Conduct Summary Trials:

Summary trials can be conducted by:

• Chief Judicial Magistrates.
• Metropolitan Magistrates.
• Magistrates of the First Class, specially empowered by the High Court.

These magistrates are vested with the authority to conduct summary trials under the BNSS 2023.

3. Section 285 – Procedures for Summary Trials:

The section provides for a simplified procedure where:

• No elaborate framing of charges is required.
• The accused is informed of the offense in clear terms.
• There is no necessity to record all evidence verbatim; instead, brief notes may be kept.

This results in quicker adjudication while ensuring fairness.

4. Section 286 – Maximum Punishment in Summary Trials:

A maximum punishment of imprisonment for a term not exceeding three months or a fine of up to ₹5000, or both, can be imposed in summary trials. This limitation ensures that summary trials are reserved for relatively minor offenses.

5. Section 287 – Right to Appeal:

While summary trials are meant to expedite legal proceedings, the BNSS 2023 ensures that individuals convicted through summary trials retain the right to appeal. However, appeals are typically restricted to cases involving imprisonment or fines exceeding a prescribed amount.

6. Section 288 – Exceptions to Summary Trials:

Certain cases are explicitly excluded from summary trials:

• Cases involving more serious offenses or complex evidence.
• Offenses under special statutes like the Prevention of Corruption Act or Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Related Sections:

• Section 289: Deals with the revision or appeal process in cases tried summarily.
• Section 290: Clarifies that proceedings for summary trials can be converted into regular trials if the Magistrate deems the case too complex.

Who Can Conduct Summary Trials:

• Chief Judicial Magistrate or Metropolitan Magistrate: Primarily responsible for summary trials.
• Magistrates of the First Class, if empowered by the High Court, may also conduct such trials.