Section 283 BNSS: Power to try summarily (Formerly Section 260 CrPC)

Section 283 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to try summarily

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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 sub-section (2) of section 303, section 305 or section 306 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 sub-section (2) of section 317 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 sub-section (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees;

(iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023;

(v) insult with intent to provoke a breach of the peace, under section 352, and criminal intimidation, under sub-sections (2) and (3) of section 351 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:

Provided that no appeal shall lie against the decision of a Magistrate to try a case in a summary way under this sub-section.

(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 recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Sanhita.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Complaint Sec 2(1)(d)

Legal Commentary & Landmark Judgments: Section 283

Section 283 of the Bharatiya Nagarik Suraksha Sanhita, 2023 confers power on criminal courts to try specified petty offences summarily.

Summary Trial Procedure: Section 283 establishes that in summary trials, the procedure specified for summons-cases shall be followed, except as otherwise provided in Chapter XXII.
Sentencing Restrictions: The statutory scheme strictly limits judicial punishment in summary proceedings, ensuring no sentence of imprisonment exceeding three months can be imposed upon conviction under Section 285.

Key Landmark Precedents:

Shivaji Sampat Jagtap v. Rajan Hiralal Arora (2007) Cr LJ 122: The Supreme Court highlighted that summary trial procedure balances speedy disposal of petty criminal matters with procedural fairness, relieving regular court dockets.
State of Maharashtra v. Sujay Mangesh Shirke (2013) SCC OnLine Bom 141: Affirmed that summary procedure cannot be used for serious offences or complex factual disputes where detailed witness cross-examination is necessary.

Legal Commentary:

Section 283 provides a high-throughput mechanism for minor penal violations. If a case involves intricate questions of law or substantial commercial fraud, the defense should petition under Section 285(2) to convert the summary trial into a regular summons or warrant trial.