Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 285: Procedure for summary trials
(1) In trials under this Chapter, the procedure specified in this Sanhita for the trial
of summons-case shall be followed except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall be passed in
the case of any conviction under this Chapter.
Brefe Detail
Section 285 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure to be followed during summary trials. It mandates that the same procedure applied in the trial of summons-cases be adhered to, except for any specific exceptions mentioned. Additionally, this section prohibits passing any sentence of imprisonment exceeding three months for any conviction under this Chapter.
Question & Answers
Q1: What procedure must be followed in summary trials under Section 285?
A1: In summary trials under this Chapter, the procedure specified for the trial of summons-cases must be followed, except where specified otherwise.
Q2: Can a Magistrate pass a sentence of imprisonment for more than three months in a summary trial?
A2: No, under Section 285, a sentence of imprisonment exceeding three months cannot be passed in any conviction under this Chapter.
Q3: Are there any exceptions to the procedure specified for summons-case trials in summary trials?
A3: Yes, Section 285 specifies that while the procedure for summons-case trials should be followed, there may be exceptions as outlined in this Sanhita.
Example
Example 1:
In a summary trial where an accused is convicted for theft under the Bharatiya Nagarik Suraksha Sanhita, 2023, the trial would follow the same procedure as a summons-case trial. However, if the convicted person is sentenced, the imprisonment cannot exceed three months, as stated in Section 285.
Example 2:
A person is convicted under a minor offence under this Chapter, and the Magistrate imposes a sentence of two months' imprisonment. The procedure followed in the trial would be as per the summons-case procedure, and since the imprisonment is within the three-month limit, it complies with Section 285.
Summary
Section 285 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the procedure for conducting summary trials, emphasizing the use of the summons-case trial procedure, with the exception of specific provisions. Additionally, it places a limit on the length of imprisonment for any conviction under this Chapter, capping it at a maximum of three months.
