Summon Trial: Trial of Summons-Cases by Magistrates (BNSS Sections 274–282)

The trial of summons-cases by Magistrates refers to the simplified criminal procedure prescribed under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for dealing with less serious offences, generally punishable with imprisonment not exceeding two years.

The procedure in summons-cases is summary and expeditious, as it dispenses with the formal framing of charges and focuses on speedy justice while safeguarding the rights of the accused. The Magistrate records the substance of evidence, hears both parties, and delivers a reasoned judgment.

Procedure for trial of Summons Cases by Magistrate

1. Section 274 – Substance of Accusation (No Formal Charge)
   When the accused appears or is brought before the Magistrate in a summons-case the particulars of the offence shall be stated to him.
   He shall be asked whether he pleads guilty or has any defence to make.
2. Discharge of the accused
   If the Magistrate finds the accusation groundless he shall record reasons in writing and release the accused which has the effect of discharge.
3. Conviction on Plea of Guilty (Section 275)
   If the accused pleads guilty, Magistrate may, in his discretion, convict on such plea.
4. Procedure When Not Convicted (Section 277)
   • Hear the prosecution and take prosecution evidence.
   • Hear the accused and take defence evidence.
5. Acquittal or Conviction After Evidence (Section 278)
   After hearing and taking the prosecution and defense evidence may record an order of acquittal or convict the accused by passing sentence in accordance to the law.
6. Section 279 – Non-Appearance or Death of Complainant
   If a summons is issued on complaint and the complainant does not appear. The magistrate shall give 30 days' time to the complainant to be present and may acquit the accused.
7. Section 280 – Withdrawal of Complaint
   At any time before final order, the complainant may seek withdrawal of complaint. If the Magistrate is satisfied of sufficient grounds, he may permit withdrawal and acquit the accused.
8. Section 281 – Stoppage of Proceedings (Non-Complaint Cases)
   Applicability - Summons-case instituted otherwise than upon complaint.
   Who Can Stop Proceedings - First Class Magistrate, or Other Judicial Magistrate with prior sanction of CJM.
9. Effect of Stoppage of Proceedings
   If stoppage of proceedings is made -
   After evidence of principal witnesses → Judgment of acquittal
   Otherwise → Release (amounts to discharge)
10. Section 282 – Conversion into Warrant-Case Procedure
    During trial of a summons-case relating to an offence punishable with imprisonment exceeding six months if interest of justice requires, the Magistrate may try the case in accordance with the procedure for the trial of warrant-cases and recall witnesses already examined.