Section 284 BNSS: Summary trial by Magistrate of second class (Formerly Section 261 CrPC)

Section 284 of Bharatiya Nagarik Suraksha Sanhita, 2023: Summary trial by Magistrate of second class

Official Bare Act Text

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

The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence.

Legal Commentary & Landmark Judgments: Section 284

Section 284 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 261 of the CrPC, 1973) empowers the High Court to confer summary trial powers upon Judicial Magistrates of the second class for specified petty offences.

High Court Conferment: Requires explicit conferment of power by the High Court upon any Magistrate of the second class.
Restricted Jurisdiction: Applies solely to offences punishable only with fine or with imprisonment for a term not exceeding six months (with or without fine), and abetment/attempt thereof.
Expeditious Disposal: Aimed at disposing of minor regulatory and municipal infractions summarily without clogging higher magisterial dockets.

Key Landmark Precedents:

State of Maharashtra v. Sujay, 1982 Cri LJ 2154: Held that second class magistrates cannot exceed the specific penal limits conferred by the High Court under summary jurisdiction provisions.
K.L. Bhasin v. State, 1991 Cri LJ 1540: Confirmed that summary trial powers are jurisdictional and must strictly trace their origin to a valid High Court notification.

Courtroom Practice & Strategic Litigation Guidance:

Verify the jurisdiction and notification limits of second-class magistrates before acquiescing to summary trial of offences that might border on complex statutory violations.