PART I
Procedure for trial in a summons case
(1) Explaining the substance of the accusation to the accused.
Under Section 274 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the procedure for a summons case requires the Magistrate to state the particulars of the allegation to the accused upon appearance without needing to frame a formal charge.
An omission to state these particulars does not invalidate the trial provided it causes no prejudice to the accused and the accused has been examined under Section 351 BNSS (formerly Section 313 CrPC), rendering it a curable irregularity under Section 511 BNSS (formerly Section 465 CrPC).
Furthermore, an accused person cannot be convicted on an admission of guilt if the prosecution’s allegations fail to constitute a statutory offense.
After the accusation is stated, the Magistrate inquires if the accused pleads guilty or has a defense to present.
Crucially, under the proviso to Section 274 BNSS, if the Magistrate considers the accusation groundless, they must record written reasons and release the accused, an action that carries the full legal effect of a discharge.
(2) Conviction on plea of guilty.
Under Section 275 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), if an accused person pleads guilty during a summons trial, the Magistrate is required to record the plea using as nearly as possible the exact words used by the accused, maintaining judicial discretion on whether to convict them based on that admission.
When a case involves multiple co-accused individuals, the Magistrate must read the accusation to each person separately and individually record their respective pleas in their own words.
Furthermore, even though framing a formal charge sheet is not required in summons cases, statutory rules governing the joinder of charges and the joint trial of multiple individuals remain fully applicable to such proceedings.
(3) Conviction on plea of guilty in absence of accused in petty cases.
Under Section 229 read with Section 276 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), special provisions facilitate the resolution of petty offenses without requiring the mandatory physical presence of the accused in court.
Under Section 276(1) BNSS, when a special summons is issued for a minor offense, an accused wishing to plead guilty without appearing before the Magistrate can transmit a written plea and the designated fine amount via post or messenger.
The Magistrate may then exercise judicial discretion to convict the accused in absentia and apply the transmitted payment toward the court fine.
Furthermore, under Section 276(2) BNSS, if an authorized advocate enters a plea of guilt on the client’s behalf, the Magistrate must record the plea as closely as possible in the advocate’s exact wording and retains the discretion to convict and sentence the accused based on that admission.
(4) Hearing of the prosecution case.
Under Section 277(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), if an accused is not convicted on a plea of guilty, the Magistrate formally opens the trial by allowing the prosecutor to outline the facts, circumstances of the offense, and the evidence intended to prove the case.
The Magistrate then records all evidence offered by the prosecution and, pursuant to Section 277(2) and (3) BNSS, may issue summonses for required witnesses or documents upon request, provided the calling party pre-deposits reasonable witness attendance expenses if ordered.
To document testimony under Section 309 BNSS, the Magistrate must write and sign a memorandum summarizing each witness’s evidence in court language, or record reasons for inability and dictate it in open court to make it part of the official record.
Furthermore, standard practices for translating evidence for the accused under Section 314 BNSS and recording witness demeanor under Section 315 BNSS follow the procedures established for Sessions Court trials.
Finally, once the prosecution finishes presenting its evidence, Section 352 BNSS authorizes the prosecutor to submit closing arguments.
(5) Personal examination of the accused.
While standard criminal trial procedures mandate that a court must conduct a personal examination of the accused after all prosecution evidence has been presented, special flexibility is provided for minor trials under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Specifically, under the proviso to Section 351(1)(b) BNSS, in a summons case where the court has already dispensed with the physical attendance of the accused, it retains the judicial discretion to likewise dispense with the personal examination of the accused.
(6) Hearing of the defence case.
Under Section 277(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), once the prosecution phase concludes, the trial transitions to hearing the defense case.
The Magistrate is required to hear the statements of the accused and admit all evidence produced in support of their defense.
Upon an application made by the accused under Section 277(2) BNSS, the Magistrate may exercise discretion to issue summonses compelling witnesses to appear or produce required documents or items.
However, pursuant to Section 277(3) BNSS, the court may first require the accused to deposit funds into court to cover the reasonable travel and attendance expenses incurred by any summoned witness.
The recording of all defense evidence must follow the identical procedural standards and memorandum requirements established for prosecution evidence.
Finally, following the complete presentation and recording of all defense evidence, Section 352 BNSS entitles the accused to submit closing arguments before the court proceeds toward judgment.
(7) Special course to be adopted by the Magistrate.
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), a Magistrate must follow a special procedural course if specific jurisdictional or sentencing limitations arise during proceedings.
Specifically, under Section 361 BNSS, if the Magistrate finds that they lack the proper legal jurisdiction to try the case or commit it for trial, or under Section 362 BNSS, if the case is determined to be one that ought to be committed to the Sessions Court for trial, the Magistrate cannot proceed normally.
Furthermore, under Section 364 BNSS, if the Magistrate believes the offense warrants a punishment more severe than what they are statutorily authorized to impose, they must follow the established statutory mechanisms.
In all such instances, the Magistrate is required to follow the special procedures applicable under similar circumstances in the trial of a warrant case.
(8) Acquittal or conviction.
Under Section 278(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), if the Magistrate evaluates the complete evidence presented by both the prosecution and the defense—alongside any additional evidence summoned on the court’s own motion—and finds the accused not guilty, an order of acquittal must be formally recorded.
Conversely, under Section 278(2) BNSS, if the evidence demonstrates guilt, the Magistrate is generally required to pass a sentence according to law; however, depending on the offender’s character, the nature of the crime, and surrounding circumstances, the court holds judicial discretion to release the offender after an admonition or grant probation of good conduct under Section 401 BNSS or the Probation of Offenders Act, 1958.
Additionally, in summons cases initiated through a private complaint, the death of the complainant does not automatically mandate an acquittal of the accused, as a relative of the deceased may be permitted to continue prosecuting the case.
Finally, all statutory rules detailing the format, language, content, and formal pronouncement of the judicial decision are comprehensively governed under Sections 392 through 406 of the BNSS.
(9) Accused can be convicted of an offence not charged.
Under Section 278(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), a Magistrate possesses the judicial authority to convict an accused person of an offense for which they were not formally charged, provided that the offense can be tried as a summons case and is substantiated by the facts admitted or proven during trial.
However, the Magistrate must exercise this discretion strictly under the condition that such a conviction does not cause any prejudice or unfair disadvantage to the accused in presenting their defense.
(10) Power of the court to convert a summons case into a warrant case.
Under Section 282 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), during the trial of a summons case involving an offense punishable by imprisonment exceeding six months, the Magistrate is empowered to convert the trial into a warrant case procedure if it appears necessary in the interests of justice.
Upon converting the trial, the Magistrate may re-hear the case following the prescribed BNSS warrant trial procedures and may recall any previously examined witnesses for further examination.
Notably, this procedural conversion is strictly a one-way rule: while a summons case can be converted into a warrant case under specified conditions, it is legally impermissible to try a warrant case under summons case procedures.
(11) Compensation for an accusation made without reasonable cause.
Under Section 273 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), statutory provisions exist to mandate the payment of compensation to an accused person who has been subjected to criminal accusation without reasonable cause.
Pursuant to Section 273(8) BNSS, this right to compensation applies equally to both summons cases and warrant cases, ensuring a safeguard against groundless or frivolous prosecution across different categories of trials.
PART II
Summary trials
(1) Magistrates authorised to conduct summary trials.
Under Part II governing Summary Trials, Section 283(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) explicitly authorizes any Chief Judicial Magistrate and any Magistrate of the First Class to try specified offenses in a summary manner.
Furthermore, under Section 284 BNSS, a Judicial Magistrate of the Second Class may conduct summary trials only if specifically empowered by the High Court, and their authority is strictly confined to offenses punishable only with a fine or with imprisonment for a term not exceeding six months (with or without fine), including any abetment of or attempt to commit such offenses.
Crucially, as provided under Section 507(m) BNSS, if any Magistrate who is not legally empowered conducts a trial in a summary manner, the entire trial proceedings shall be legally void.
(2) Offences that are triable summarily.
Under Section 283 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), authorized Magistrates—namely Chief Judicial Magistrates and Magistrates of the First Class—are legally empowered to conduct summary trials for a defined list of offenses under the Bharatiya Nyaya Sanhita (BNS), 2023.
These include property offenses where the value involved does not exceed ₹20,000—specifically theft under Sections 303(2), 305, or 306; receiving or retaining stolen property under Section 317(2); and assisting in the concealment or disposal of stolen property under Section 317(5).
Additionally, the list encompasses lurking house-trespass or house-breaking under Sections 331(2) and 331(3); intentional insult to provoke a breach of peace under Section 352; criminal intimidation under Section 351(2) and 351(3); any abetment or criminal attempt related to these offenses; and complaints brought under Section 20 of the Cattle Trespass Act, 1871.
Beyond this enumerated list, Section 283(2) BNSS grants Magistrates discretionary authority to try any offense summarily if it is not punishable with death, life imprisonment, or imprisonment exceeding three years, provided the Magistrate gives the accused a fair hearing opportunity and records written reasons for doing so; notably, the proviso to Section 283(2) BNSS strictly provides that no appeal can be filed against the Magistrate’s decision to try a case summarily.
(3) Procedure.
Under Section 285(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), summary trials are governed primarily by the standard procedure established for summons cases, subject to specific statutory exceptions.
Upon conviction in a summary trial, Section 285(2) BNSS restricts the Magistrate’s sentencing authority by capping imprisonment to a maximum term of three months.
If during the summary proceeding it becomes evident to the Magistrate that the complexity or nature of the matter makes a summary trial undesirable, Section 283(3) BNSS requires the Magistrate to convert the case into a regular trial, re-hear the matter, and recall any witnesses who have already testified.
Throughout the proceeding, Section 286 BNSS mandates that the Magistrate maintain a formal record in the State-prescribed format containing ten specific items: the case serial number, date of commission, complaint or report date, complainant details, accused identification info, alleged and proven offenses (including property valuation for specific property crimes), the plea and examination of the accused, judicial findings, final order or sentence, and the termination date of the proceedings.
Finally, under Section 288(1) BNSS, this entire case record must be recorded strictly in the official language of the court.
(4) Judgment.
Under Section 287 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), when a summary trial is contested because the accused does not plead guilty, the Magistrate is legally required to record a summary of the evidence along with a judgment that briefly sets out the reasons for the finding.
Pursuant to Section 288(1) BNSS, this judgment must be prepared in the official language of the court.
Furthermore, under Section 288(2) BNSS, the High Court holds the authority to permit any Magistrate conducting summary trials to delegate the physical preparation of the trial record, the judgment, or both to an officer specifically appointed for this task by the Chief Judicial Magistrate (CJM); however, any record or judgment prepared through this delegated process must be personally signed by the presiding Magistrate to carry legal validity.