(1) In trials under this Chapter, the procedure specified in this Sanhita for the trial of summons-case shall be followed except as hereinafter mentioned. (2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.
Bharatiya Nagarik Suraksha Sanhita
Section 285
Procedure for summary trials
Englishहिंदी
⚡ Quick Answer Reference: Section 285 BNSS
- Provision: Section 285 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SUMMARY TRIALS
- Jurisdiction: India
- Summary: This section outlines the procedure for summary trials under the Bharatiya Nagarik Suraksha Sanhita, following the same procedure as summons-cases with some exceptions.
Statutory Content
What does Section 285 of BNSS say?
Indian StandardSection 285, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 285 (India)
Court Pleading StandardSection 285 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/285
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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 285 of BNSS mean?
Plain English Explanation
This section outlines the procedure for summary trials under the Bharatiya Nagarik Suraksha Sanhita, following the same procedure as summons-cases with some exceptions.
Practical Interpretation
In practice, this means that the court will generally follow the same steps as in a summons-case, but with limitations on the sentence that can be imposed.
Core Legal Purpose
The purpose of this section is to provide a streamlined procedure for certain types of cases, while also ensuring that the penalties imposed are proportionate to the offense.
Key Legal Elements
- •The case must be under this Chapter of the Bharatiya Nagarik Suraksha Sanhita.
- •The procedure for the trial of summons-case must be followed.
- •The sentence of imprisonment cannot exceed three months.
- •The exception to the general procedure for summons-cases is the limitation on the sentence that can be imposed.
Practical Example
Practical Example of Section 285 BNSS
For example, if Rajesh is charged with an offense under this Chapter, the court will follow the same procedure as it would for a summons-case, but if Rajesh is found guilty, the court cannot sentence him to more than three months in prison. This ensures that the penalty is proportionate to the offense.
Common Questions (FAQ)
Frequently Asked Questions about Section 285 BNSS
Q: What is the punishment or consequence under Section 285 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It only limits the sentence of imprisonment to three months in cases under this Chapter.
Q: Does this section apply to private individuals or public entities?
The section does not specify whether it applies to private individuals or public entities, it only outlines the procedure for summary trials under this Chapter.
Q: Is an offence under this section bailable or cognizable?
The section does not provide information on whether an offense under this section is bailable or cognizable, as it only deals with the procedure for summary trials.
People Also Ask (PAA)
Common Questions about Section 285 BNSS
What is Section 285 of BNSS?
Section 285 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure for summary trials". In plain terms: This section outlines the procedure for summary trials under the Bharatiya Nagarik Suraksha Sanhita, following the same procedure as summons-cases with some exceptions.
What is the punishment under Section 285 of BNSS?
Section 285 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 285 of BNSS bailable or non-bailable?
Whether Section 285 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 285 of BNSS?
The essential elements of Section 285 of BNSS are: The case must be under this Chapter of the Bharatiya Nagarik Suraksha Sanhita.; The procedure for the trial of summons-case must be followed.; The sentence of imprisonment cannot exceed three months..
Landmark Case Laws
Landmark Judgments under Section 285 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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