When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases and may recall any witness who may have been examined.
Bharatiya Nagarik Suraksha Sanhita
Section 282
Power of Court to convert summonscases into warrant-cases
Englishहिंदी
⚡ Quick Answer Reference: Section 282 BNSS
- Provision: Section 282 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL OF SUMMONS-CASES BY MAGISTRATES
- Jurisdiction: India
- Summary: This section allows a Magistrate to change the way a case is tried if they think it's in the best interest of justice. If the case is about a serious crime that can get someone locked up for more than six months, the Magistrate can decide to try it like a more serious case.
Statutory Content
What does Section 282 of BNSS say?
Indian StandardSection 282, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 282 (India)
Court Pleading StandardSection 282 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/282
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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 282 of BNSS mean?
Plain English Explanation
This section allows a Magistrate to change the way a case is tried if they think it's in the best interest of justice. If the case is about a serious crime that can get someone locked up for more than six months, the Magistrate can decide to try it like a more serious case.
Practical Interpretation
In practice, this section gives the Magistrate flexibility to adapt the trial process to the specific needs of the case. If the Magistrate feels that a more formal trial process is necessary, they can convert the case from a summons-case to a warrant-case.
Core Legal Purpose
The core purpose of this section is to ensure that serious crimes are tried in a manner that is fair and just, even if it means deviating from the usual procedure for summons-cases.
Key Legal Elements
- •The case must be a summons-case related to an offence punishable with imprisonment for a term exceeding six months.
- •The Magistrate must think that trying the case in accordance with the procedure for the trial of warrant-cases is in the interests of justice.
- •The Magistrate must proceed to re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases.
- •The Magistrate may recall any witness who may have been examined.
Practical Example
Practical Example of Section 282 BNSS
Rajesh is accused of a serious crime that can get him locked up for more than six months. The case is initially tried as a summons-case, but the Magistrate thinks that trying it like a warrant-case would be more suitable. The Magistrate decides to convert the case and re-hear it in accordance with the procedure for the trial of warrant-cases. During the re-hear, the Magistrate recalls a key witness who had been examined earlier.
Common Questions (FAQ)
Frequently Asked Questions about Section 282 BNSS
Q: What is the punishment or consequence under Section 282 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the conversion of a summons-case to a warrant-case, which is a procedural change rather than a punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the trial process of a case rather than the status of the accused.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable. It is a procedural provision that deals with the trial process, not the characteristics of the offence.
People Also Ask (PAA)
Common Questions about Section 282 BNSS
What is Section 282 of BNSS?
Section 282 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power of Court to convert summonscases into warrant-cases". In plain terms: This section allows a Magistrate to change the way a case is tried if they think it's in the best interest of justice. If the case is about a serious crime that can get someone locked up for more than six months, the Magistrate can decide to try it like a more serious case.
What is the punishment under Section 282 of BNSS?
Section 282 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 282 of BNSS bailable or non-bailable?
Whether Section 282 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 282 of BNSS?
The essential elements of Section 282 of BNSS are: The case must be a summons-case related to an offence punishable with imprisonment for a term exceeding six months.; The Magistrate must think that trying the case in accordance with the procedure for the trial of warrant-cases is in the interests of justice.; The Magistrate must proceed to re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases..
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