SUMMONS CASE

Introduc on
A “summon” is a legal document that orders a person to appear in court and respond to a
complaint against them. This order is issued by a Magistrate to the accused individual as per
Sec on 204(1) (a) of the Cr.P.C, 1973.
The Summons Case under the Bhara ya Nagarik Suraksha Sanhita, 2023 (Indian Ci zen Protec on
Code, 2023), is a legal framework that pertains to less serious criminal offenses or an offence that
is not considered a warrant case. Warrant cases typically involve severe punishments like the
death penalty, life imprisonment, or imprisonment exceeding two years. In contrast, summon
cases involve offences where the punishment does not exceed two years of imprisonment. It is a
simplifica on of procedural law for minor offenses, offering quicker and more efficient trials.
The procedure for handling summons cases is outlined in Sec ons 274- 282 of the BNSS, 2023.
This procedure is less formal compared to other types of trials, such as session trials or warrant
cases ini ated based on a police report or other means.
What is a Summons Case?
A Summons Case refers to a type of case in which the accused is summoned to court, rather than
being arrested or taken into custody. It typically involves minor offenses where the punishment
does not exceed two years of imprisonment or a fine. Under the Bhara ya Nagarik Suraksha
Sanhita, 2023, the trial procedures for summons cases are designed to expedite the legal process,
reducing the burden on both the accused and the courts.
Characteris cs of Summons Case:
 Less Severe Offenses: These cases generally involve minor criminal acts like pe y the ,
mischief, or simple assault.
 Punishment Limita on: The maximum punishment in a summons case does not exceed two
years of imprisonment, although fines may also be imposed.
 Quick Trials: The trial process is expedited as part of the effort to decongest courts and
ensure mely jus ce.

Trial of Summons Cases under the Bhara ya Nagarik Suraksha Sanhita, 2023 (BNSS)
The Bhara ya Nagarik Suraksha Sanhita, 2023 (BNSS) provides a modern framework for the trial
of criminal offenses in India. In this context, summons cases are a category of criminal cases that
involve rela vely minor offenses. These cases are governed by specific provisions in the BNSS,
similar to the Criminal Procedure Code (CrPC), 1973. This ar cle examines the key sec ons of the
BNSS related to summons trial, focusing on the trial process, plea op ons, and the powers of the
Magistrate under the relevant provisions.

I. Substance of Accusa on and Plea Op ons (Sec ons 274-276)

Sec on 274: Substance of Accusa on
Sec on 274 of the BNSS establishes that when the accused appears before the Magistrate, the
par culars of the offense must be clearly stated. This ensures transparency in the legal process,
allowing the accused to understand the specific charges against them. The Magistrate is required
to provide a clear account of the offense for which the accused is being tried. The substance of
the accusa on must be communicated in such a way that the accused can prepare a defense.
 Plea Op ons: Upon understanding the accusa on, the accused has the op on to either
plead guilty or present a defense. If the accused pleads guilty, the trial proceeds to
convic on. If the accused wishes to defend themselves, the trial con nues, and both the
prosecu on and defense will present their arguments and evidence.
 Discharge: If the Magistrate considers the accusa on groundless, the accused may be
discharged without further proceedings. This is an important safeguard, ensuring that
individuals are not subjected to a trial if the charges are baseless.
Sec on 275: Convic on on Plea of Guilty
Sec on 275 outlines the procedure when the accused pleads guilty to the charges. In such cases,
the Magistrate has the discre on to accept the plea and record it, leading to the convic on of the
accused.
 Magistrate's Discre on: The Magistrate must be sa sfied that the plea is made voluntarily
and is not the result of coercion or undue influence. Once the plea is recorded, the
Magistrate can proceed with passing the appropriate sentence, which could include a fine,
imprisonment, or both, depending on the nature of the offense.
 Efficiency in Minor Offenses: This provision helps streamline the trial process, especially for
minor offenses, reducing the burden on courts by avoiding prolonged trials for those who
acknowledge their guilt.
Sec on 276: Convic on in Absence of Accused in Pe y Cases
Sec on 276 addresses situa ons where the accused wishes to plead guilty but cannot appear in
court due to valid reasons, such as illness or travel constraints. In such cases, the accused may
transmit a plea and fine to the Magistrate in wri ng.
  Absence of the Accused: If the accused pleads guilty through wri en communica on, the
Magistrate has the discre on to convict the accused in their absence, as long as the plea is
deemed valid and there is sufficient jus fica on for the absence.
 Fine Adjustment: The fine imposed on the accused may be adjusted according to the gravity
of the offense, with the Magistrate considering the facts of the case while passing the
sentence.

II. Procedure When Not Convicted (Sec on 277)

Sec on 277 of the BNSS details the procedure to follow when the Magistrate does not convict the
accused. In such cases:
 Hearing of Prosecu on and Defense: The Magistrate will hear both the prosecu on and
the defense, allowing the accused a chance to present their case and contest the charges.
 Summoning of Witnesses: If necessary, the Magistrate may summon witnesses to support
either party’s case. The Magistrate must ensure that reasonable expenses are deposited
for the summoning of witnesses.
 Ensuring Fairness: This sec on ensures that the trial proceeds fairly, with both sides given
an opportunity to present evidence, leading to a just and informed decision.

III. Acqui al or Convic on (Sec on 278)

Sec on 278 of the BNSS requires the Magistrate, a er hearing all the evidence, to either acquit
the accused or convict them. This is the final decision in a summons case trial.
 Acqui al: If the Magistrate finds that the evidence does not support the charge, the
accused will be acqui ed, and the case will be dismissed.
 Convic on: If the Magistrate finds that the accused is guilty, the case will proceed to
sentencing. The punishment will be determined based on the nature and gravity of the
offense, in line with the provisions of the BNSS.

IV. Non-Appearance or Death of Complainant (Sec on 279)

Sec on 279 addresses situa ons where the complainant does not appear for the scheduled
hearing. In such cases, the Magistrate has the authority to acquit the accused if the complainant’s
non-appearance is unjus fied.
 Excep ons: If the complainant is represented by a pleader or if the complainant’s personal
presence is deemed unnecessary, the trial can proceed even in their absence.
  Protec on for the Accused: This sec on ensures that the accused is not le wai ng
indefinitely for the trial to proceed, and that the absence of the complainant does not
hinder jus ce.

V. Withdrawal of Complaint (Sec on 280)

Sec on 280 provides that a complainant can withdraw their complaint before the final order is
passed. In such cases, the accused will be acqui ed because the basis of the trial is removed.
 Impact of Withdrawal: Withdrawal of the complaint can be an important tool for resolving
disputes amicably or if the complainant no longer wishes to pursue the case. This provision
supports reconcilia on and se lement outside the court.

VI. Power to Stop Proceedings (Sec on 281)

Sec on 281 grants the Magistrate the power to stop proceedings at any stage if they find sufficient
grounds for doing so. This could occur in cases where:
 Lack of Evidence: If, a er considering the evidence, the Magistrate finds that there is no
case to answer, they may stop the proceedings.
 Discre onary Power: The Magistrate exercises this power with recorded reasons, ensuring
transparency and accountability. If proceedings are halted, the accused may be acqui ed
or released, depending on the circumstances.

VII. Power of Court to Convert Summons-Cases into Warrant-Cases (Sec on 282)

Sec on 282 provides the Magistrate with the authority to convert a summons-case into a
warrant-case if, during the trial, the Magistrate deems it necessary for the interests of jus ce. This
provision is important because it allows for:
 Re-Evalua on of Case: If the seriousness of the offense increases or new evidence emerges,
the Magistrate may decide that the case requires a more thorough examina on following
the warrant-case procedure.
 Flexibility in Procedure: This ensures that the jus ce system remains flexible, enabling the
Magistrate to handle cases in the most appropriate manner based on evolving
circumstances.

Conclusion
The trial of summons cases under the Bhara ya Nagarik Suraksha Sanhita, 2023 (BNSS) is
designed to be efficient, transparent, and just. The provisions laid out in sec ons 274 to 282 ensure
that the trial process is streamlined for minor offenses while safeguarding the rights of the
accused. The plea op ons, discre onary powers of the Magistrate, and provisions for acqui al
or convic on help maintain a fair balance between expedience and fairness in the legal system.
Addi onally, the ability to withdraw complaints, convert cases, and stop proceedings offers
flexibility in ensuring that jus ce is served in a manner most fi ng for the case at hand.