(1) Notwithstanding anything contained in this Sanhita— (a) any Chief Judicial Magistrate; (b) Magistrate of the first class, shall try in a summary way all or any of the following offences:— (i) theft, under sub-section (2) of section 303, section 305 or section 306 of the Bharatiya Nyaya Sanhita, 2023 where the value of the property stolen does not exceed twenty thousand rupees; (ii) receiving or retaining stolen property, under sub-section (2) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees; (iii) assisting in the concealment or disposal of stolen property under sub-section (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees; (iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023; (v) insult with intent to provoke a breach of the peace, under section 352, and criminal intimidation, under sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023; (vi) abetment of any of the foregoing offences; (vii) an attempt to commit any of the foregoing offences, when such attempt is an offence; (viii) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871). (2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years: Provided that no appeal shall lie against the decision of a Magistrate to try a case in a summary way under this sub-section. (3) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Sanhita.
Bharatiya Nagarik Suraksha Sanhita
Section 283
Power to try summarily
⚡ Quick Answer Reference: Section 283 BNSS
- Provision: Section 283 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SUMMARY TRIALS
- Jurisdiction: India
- Summary: This section allows certain magistrates to try cases in a summary way for specific minor offences, such as theft or intimidation, where the value or punishment does not exceed certain limits.
What does Section 283 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 283 of BNSS mean?
Plain English Explanation
This section allows certain magistrates to try cases in a summary way for specific minor offences, such as theft or intimidation, where the value or punishment does not exceed certain limits.
Practical Interpretation
In practice, this section enables magistrates to efficiently handle less serious cases, streamlining the judicial process for minor crimes.
Core Legal Purpose
The core purpose is to provide a quicker and more efficient way to deal with less serious offences, reducing the burden on the judicial system.
- •The offence must be one of those specified in the section, such as theft or receiving stolen property.
- •The value of the property involved must not exceed twenty thousand rupees for certain offences.
- •The key legal test is whether the offence is punishable with death, life imprisonment, or imprisonment for more than three years.
- •A key exception is that the magistrate may try any offence not punishable with death or imprisonment for life or more than three years in a summary way, with certain conditions.
Practical Example of Section 283 BNSS
For example, if Rajesh is accused of stealing a bike worth fifteen thousand rupees, the Chief Judicial Magistrate or a Magistrate of the first class may try the case in a summary way under this section. The magistrate will hear the case and make a decision based on the evidence presented, following the summary trial procedure.
Frequently Asked Questions about Section 283 BNSS
Q: What is the punishment or consequence under Section 283 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The punishments for the offences tried under this section would be as specified in the relevant sections of the Bharatiya Nyaya Sanhita, 2023.
Q: Does this section apply to private individuals or public entities?
This section applies to the procedure for trying certain offences and does not distinguish between private individuals and public entities. It is relevant to any person accused of the specified offences.
Q: Is an offence under this section bailable or cognizable?
The bailability or cognizability of an offence tried under this section would depend on the specific offence as defined in the Bharatiya Nyaya Sanhita, 2023, and not on this procedural section itself.
Common Questions about Section 283 BNSS
What is Section 283 of BNSS?
Section 283 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to try summarily". In plain terms: This section allows certain magistrates to try cases in a summary way for specific minor offences, such as theft or intimidation, where the value or punishment does not exceed certain limits.
What is the punishment under Section 283 of BNSS?
Section 283 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 283 of BNSS bailable or non-bailable?
Whether Section 283 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 283 of BNSS?
The essential elements of Section 283 of BNSS are: The offence must be one of those specified in the section, such as theft or receiving stolen property.; The value of the property involved must not exceed twenty thousand rupees for certain offences.; The key legal test is whether the offence is punishable with death, life imprisonment, or imprisonment for more than three years..
Landmark Judgments under Section 283 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 283
Ask Nyaya AI About Section 283
Select a pre-configured prompt to run this section through the grounded research engine.