Summon Trial
The trial of summons case has been dealt with under Chapter
21 of the Bhartiya Nagarik Suraksha Sanhita,2023 from
section 274 to 282.
The BNSS classifies criminal cases into two main categories:
Summon cases and Warrant cases. Summons cases are
described in Section 2(X) of the BNSS. Any case that doesn’t fall
under warrant cases is considered a summons case. Summons cases
include non-serious, bail-eligible, and compoundable offences. These
cases are exclusively heard by a Magistrate.
In simple terms, a summons is a court order that commands
someone to appear in court and respond to a complaint made
against them. Summons cases typically involve less complicated
and faster trials because the offences are not of an urgent nature.
According to Section 227(1) (a) of the BNSS, a Magistrate issues a
summons to the accused person.
Trial of Summon Cases
The trial of summon cases in BNSS has been dealt with as:
Accusation Explanation (Section 274)
In summon cases, there’s no need to formally charge the accused.
Instead, they are told about the accusation and asked if they admit
guilt.
PROVIDED that if the magistrate considers the accusation as
groundless,he shall after recording reasons in writing, release the
accused and such release shall have affect the discharge.
Guilty Plea (Section 275)
If the accused admits their guilt, the Magistrate records their plea
and convicts them.
Guilty Plea in Absence (Section 276)
Section 275 and 276 provides conviction on the plea of guilty.
Section 275 provides plea of guilty in general and section 276
provides plea of guilty in case of the petty cases. In case
This section provides with the procedure where (summons
issued under section 229 of BNSS {SPECIAL SUMMONS IN
CASE OF PETTY OFFENCES}), the accused pleads guilty to the
charge in his absence on a plea of guilt. The Magistrate has
been given the discretion to convict and sentence the
accused. The section allows the pleader appearing on behalf
of the accused person to plead guilty on his behalf. The fine
can be paid through a registered post.
If someone, on behalf of the accused, admits guilt, the Magistrate
can, at their discretion, order the accused’s conviction.
Trial Procedure (Section 277)
Suppose the accused is not convicted under section
275 or 276 of the BNSS. In that case, the Magistrate shall
hear and take evidence of prosecution on record and also
hear and take evidence of the defence. Summons shall be
issued to witness when required. The reasonable expense
shall be deposited in court incurred for the attendance of
witnesses.
Acquittal or Conviction (Section 278)
After taking evidence on record, if the Magistrate finds the
accused not guilty, he shall acquit the accused. If the
accused is found guilty, the Magistrate shall either proceed
under section 364 or 401 of BNSS or pass the sentence
thereon.
Complainant Absence or Death (Section 279)
This section is applicable only in summons cases instituted
on a complaint. Where the complainant is absent on the date
of hearing or date so fixed, the Magistrate may acquit the
accused after giving 30 days notice to the complainant to be
present. Or, for some reason, he may adjourn the case to the
next date. The Magistrate may dispense with the attendance
of the complainant if he is represented through pleader or
where his personal attendance is not required.
Withdrawal of Complaint (Section 280)
A complaint can be withdrawn with the prior permission of
the Magistrate, anytime before the final order is passed. It
will have the effect of acquittal of the accused.
Stopping Proceedings (Section 281)
This section shall apply in summon case instituted otherwise
than upon complaint, the Judicial Magistrate Class I or any
other magistrate with the prior permission of Chief Judicial
Magistrate may stop the proceedings at any stage without
pronouncing judgement with justified reason.
Effect of stopping proceeding:
If the proceedings are stopped after taking evidence of
the main witness, it will have the effect of acquittal of
the accused.
If the proceedings are stopped before taking evidence of
the main witness, it will have the effect of discharge of
accused.
Conversion to Warrant Case (Section 282)
A summons case may be converted to a warrant case when it
is punishable with imprisonment exceeding six months and it
is in the interest of justice. The case will be reheard as in
warrant trial, and the witness may be recalled for
examination.
Compensation for Accused (Section 273)
If there’s insufficient evidence for the accusation, the accused can
be acquitted or discharged. The Magistrate can order compensation
for the accused but must issue a notice first. If the complainant
doesn’t pay, they can be imprisoned for up to 30 days.
