Section 285 BNSS: Procedure for summary trials (Formerly Section 262 CrPC)

Section 285 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure for summary trials

Official Bare Act Text

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

(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.

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

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 285

Section 285 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 262 of the CrPC, 1973) prescribes the procedure for summary trials, adopting summons-case procedure with a strict three-month limit on substantive custodial sentences.

Summons Procedure Governs: The procedure prescribed for the trial of summons-cases shall be observed in summary trials, except as modified by Chapter XXIII.
Sentence Limit: No sentence of imprisonment for a term exceeding three months can be passed on any conviction under Chapter XXIII in a summary trial.
Mandatory Observance: Any sentence exceeding three months passed in a summary trial is illegal and subject to revisional quashment.

Key Landmark Precedents:

State of Bihar v. Deokaran Nenshi, (1972) 2 SCC 890: The Supreme Court noted that summary proceedings are meant for expeditious disposal of minor matters and the statutory sentencing cap must be strictly respected.
Shivaji Sammbaji Patil v. State of Maharashtra, (1989) 2 SCC 598: Reiterated that if a Magistrate feels that a sentence exceeding three months is called for, the case must not be tried summarily and regular trial must be conducted.

Courtroom Practice & Strategic Litigation Guidance:

If a magistrate sentences a client to more than 3 months in a summary trial, challenge the sentence instantly in revision as patently ultra vires Section 285(2).