Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 283: Power to try summarily
(1) Notwithstanding anything contained in this Sanhita—
(a) any Chief Judicial Magistrate;
(b) Magistrate of the first class,
shall try in a summary way all or any of the following offences:—
- (i) theft, under section 301, section 303 or section 304 of the Bharatiya Nyaya Sanhita, 2023 where the value of the property stolen does not exceed twenty thousand rupees;
- (ii) receiving or retaining stolen property, under section 315 of the Bharatiya Nyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees;
- (iii) assisting in the concealment or disposal of stolen property under section 315 of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees;
- (iv) offences under section 330 of the Bharatiya Nyaya Sanhita, 2023;
- (v) insult with intent to provoke a breach of the peace, under section 350, and criminal intimidation, under section 349 of the Bharatiya Nyaya Sanhita, 2023;
- (vi) abetment of any of the foregoing offences;
- (vii) an attempt to commit any of the foregoing offences, when such attempt is an offence;
- (viii) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871.
(2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years.
(3) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall re-call any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Sanhita.
Brefe Detail
Section 283 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the powers of certain Magistrates to conduct summary trials for specific offences. It specifies the types of offences eligible for summary trial, conditions under which summary trials can be conducted, and the procedure for transitioning to a regular trial if necessary. This section aims to expedite the judicial process for less serious offences.
Question & Answers
Q1: Who has the authority to try offences in a summary way under this section?
A1: A Chief Judicial Magistrate and a Magistrate of the first class have the authority to try offences in a summary way.
Q2: What types of offences can be tried summarily?
A2: Offences such as theft, receiving stolen property, assisting in the concealment of stolen property, and certain offences under the Bharatiya Nyaya Sanhita are included, provided the value does not exceed twenty thousand rupees.
Q3: What is the maximum imprisonment term for offences that can be tried summarily?
A3: Offences not punishable with death or imprisonment for life or for a term exceeding three years can be tried summarily.
Q4: What happens if a case is deemed unsuitable for summary trial during proceedings?
A4: If the Magistrate determines that a case is unsuitable for summary trial, they shall re-call any witnesses and proceed to re-hear the case in the manner provided by the Sanhita.
Q5: Is there a requirement for the Magistrate to give the accused a chance to be heard?
A5: Yes, the Magistrate must give the accused a reasonable opportunity of being heard before proceeding with the trial.
Example
1. Example of Summary Trial: If a person is accused of stealing a bicycle worth fifteen thousand rupees, a Magistrate of the first class may conduct a summary trial for that offence, given that it meets the criteria outlined in this section.
Summary
Section 283 provides a framework for summary trials, allowing designated Magistrates to handle specific offences efficiently while ensuring due process is followed. This section aims to facilitate quicker judicial resolutions for less severe crimes.
