When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge: 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 the effect of discharge.
Bharatiya Nagarik Suraksha Sanhita
Section 274
Substance of accusation to be stated
Englishहिंदी
⚡ Quick Answer Reference: Section 274 BNSS
- Provision: Section 274 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL OF SUMMONS-CASES BY MAGISTRATES
- Jurisdiction: India
- Summary: When someone is brought before a Magistrate in a summons-case, they must be told what they are accused of and asked if they are guilty or have a defence. The Magistrate does not need to make a formal charge but can release the accused if the accusation seems groundless.
Statutory Content
What does Section 274 of BNSS say?
Indian StandardSection 274, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 274 (India)
Court Pleading StandardSection 274 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/274
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 274 of BNSS mean?
Plain English Explanation
When someone is brought before a Magistrate in a summons-case, they must be told what they are accused of and asked if they are guilty or have a defence. The Magistrate does not need to make a formal charge but can release the accused if the accusation seems groundless.
Practical Interpretation
In practice, this section ensures that the accused is informed of the allegations against them and given a chance to respond. It also allows the Magistrate to dismiss baseless accusations early on, saving time and resources.
Core Legal Purpose
The core purpose of this section is to protect the rights of the accused by ensuring they are aware of the allegations and have an opportunity to defend themselves, while also allowing the Magistrate to filter out unfounded accusations.
Key Legal Elements
- •The accused must appear or be brought before the Magistrate in a summons-case.
- •The particulars of the offence must be stated to the accused.
- •The Magistrate must consider whether the accusation is groundless.
- •The Magistrate can release the accused if the accusation is deemed groundless.
Practical Example
Practical Example of Section 274 BNSS
Rajesh is accused of a minor offence and is brought before the Magistrate. The Magistrate explains the accusation to Rajesh and asks if he pleads guilty or has a defence. If Rajesh denies the accusation, the Magistrate will proceed with the case. However, if the Magistrate believes the accusation is baseless, they can release Rajesh, effectively discharging him from the case.
Common Questions (FAQ)
Frequently Asked Questions about Section 274 BNSS
Q: What is the punishment or consequence under Section 274 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to anyone who is accused of an offence in a summons-case, regardless of whether they are a private individual or a public entity.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable, as it is focused on the procedural aspects of a summons-case.
People Also Ask (PAA)
Common Questions about Section 274 BNSS
What is Section 274 of BNSS?
Section 274 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Substance of accusation to be stated". In plain terms: When someone is brought before a Magistrate in a summons-case, they must be told what they are accused of and asked if they are guilty or have a defence. The Magistrate does not need to make a formal charge but can release the accused if the accusation seems groundless.
What is the punishment under Section 274 of BNSS?
Section 274 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 274 of BNSS bailable or non-bailable?
Whether Section 274 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 274 of BNSS?
The essential elements of Section 274 of BNSS are: The accused must appear or be brought before the Magistrate in a summons-case.; The particulars of the offence must be stated to the accused.; The Magistrate must consider whether the accusation is groundless..
Landmark Case Laws
Landmark Judgments under Section 274 BNSS
Patnahcucisdb94 High Court (10 8)
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