Section 287 BNSS: Judgment in cases tried summarily (Formerly Section 264 CrPC)

Section 287 of Bharatiya Nagarik Suraksha Sanhita, 2023: Judgment in cases tried summarily

Official Bare Act Text

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

In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.

Legal Commentary & Landmark Judgments: Section 287

Section 287 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 264 of the CrPC, 1973) mandates that in every summary trial where the accused does not plead guilty, the Magistrate must record the substance of the evidence and deliver a reasoned judgment.

Recording Substance of Evidence: The Magistrate must record the substance of the evidence of witnesses examined during the summary trial.
Reasoned Judgment: The judgment must contain a concise statement of the reasons for the finding of guilt or acquittal.
Non-mechanical Adjudication: Even in summary proceedings, a cryptically recorded finding without reasoning is legally impermissible.

Key Landmark Precedents:

State of Bombay v. Govind Mhasu, AIR 1951 Bom 332: The Bombay High Court held that 'substance of evidence' means all material facts elicited during examination and cross-examination; omitting material admissions vitiates the judgment.
K.M. Mathew v. State of Kerala, (1992) 1 SCC 217: Held that judicial reasoning in summary decisions must withstand appellate scrutiny by detailing why prosecution witnesses were believed over defence contentions.

Courtroom Practice & Strategic Litigation Guidance:

In summary trials under Section 138 NI Act or special acts, ensure every key admission obtained during cross-examination is explicitly incorporated into the Magistrate's recording of the substance of evidence.