Section 286 BNSS: Record in summary trials (Formerly Section 263 CrPC)

Section 286 of Bharatiya Nagarik Suraksha Sanhita, 2023: Record in summary trials

Official Bare Act Text

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

In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely:—

(a) the serial number of the case;

(b) the date of the commission of the offence;

(c) the date of the report or complaint;

(d) the name of the complainant (if any);

(e) the name, parentage and residence of the accused;

(f) the offence complained of and the offence (if any) proved, and in cases coming under clause (i), clause (ii) or clause (iii) of sub-section (1) of section 283, the value of the property in respect of which the offence has been committed;

(g) the plea of the accused and his examination (if any);

(h) the finding;

(i) the sentence or other final order;

(j) the date on which proceedings terminated.

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 286

Section 286 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 263 of the CrPC, 1973) outlines the mandatory particulars that the Magistrate must record in every case tried summarily.

Specified Particulars Register: The Magistrate must enter in such form as the State Government directs: serial number, date of commission, date of report/complaint, name of complainant, name and particulars of accused, offence complained of, plea of accused and examination, finding, sentence or other final order, and date of termination.
Contemporaneous Record: The record must be maintained contemporaneously during the proceedings rather than synthesized retrospectively.
Procedural Safeguard: Ensures appellate and revisional courts can determine the factual and legal basis of summary convictions.

Key Landmark Precedents:

Emperor v. Mantu, AIR 1930 All 67: Held that omission to record essential particulars prescribed by the summary trial section invalidates the proceeding if it prejudices the accused's defence.
Vishwa Nath v. State, 1978 Cri LJ 1523: Emphasized that summary records must be legible, self-contained, and demonstrate that the judicial officer applied their mind to every statutory ingredient.

Courtroom Practice & Strategic Litigation Guidance:

Inspect the statutory register or summary record during appeals or revisions; failure of the Magistrate to record the plea or findings with specificity forms strong grounds for reversal.