In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely:— (a) the serial number of the case; (b) the date of the commission of the offence; (c) the date of the report or complaint; (d) the name of the complainant (if any); (e) the name, parentage and residence of the accused; (f) the offence complained of and the offence (if any) proved, and in cases coming under clause (i), clause (ii) or clause (iii) of sub-section (1) of section 283, the value of the property in respect of which the offence has been committed; (g) the plea of the accused and his examination (if any); (h) the finding; (i) the sentence or other final order; (j) the date on which proceedings terminated.
Bharatiya Nagarik Suraksha Sanhita
Section 286
Record in summary trials
⚡ Quick Answer Reference: Section 286 BNSS
- Provision: Section 286 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SUMMARY TRIALS
- Jurisdiction: India
- Summary: This section requires a Magistrate to record specific details in summary trials, including case number, dates, parties' names, offence, plea, finding, sentence, and termination date.
What does Section 286 of BNSS say?
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What does Section 286 of BNSS mean?
Plain English Explanation
This section requires a Magistrate to record specific details in summary trials, including case number, dates, parties' names, offence, plea, finding, sentence, and termination date.
Practical Interpretation
In practice, this section ensures that Magistrates maintain a systematic record of summary trials, facilitating case tracking, review, and appeal processes.
Core Legal Purpose
The core purpose is to establish a standardized record-keeping procedure for summary trials, promoting transparency, accountability, and efficiency in the judicial process.
- •The Magistrate must enter the serial number of the case.
- •The Magistrate must record the date of the commission of the offence and the date of the report or complaint.
- •The key legal test is the requirement for the Magistrate to enter the particulars in the form directed by the State Government.
- •There is no explicit exception or limitation stated in this section.
Practical Example of Section 286 BNSS
For instance, if Rajesh is accused of theft, the Magistrate must record the case number, dates of the offence and complaint, Rajesh's name and residence, the offence complained of and proved, Rajesh's plea, the finding, sentence, and the date of termination. This ensures a comprehensive record of the summary trial.
Frequently Asked Questions about Section 286 BNSS
Q: What is the punishment or consequence under Section 286 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 Magistrates in summary trials, which may involve private individuals or public entities as parties.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable.
Common Questions about Section 286 BNSS
What is Section 286 of BNSS?
Section 286 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Record in summary trials". In plain terms: This section requires a Magistrate to record specific details in summary trials, including case number, dates, parties' names, offence, plea, finding, sentence, and termination date.
What is the punishment under Section 286 of BNSS?
Section 286 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 286 of BNSS bailable or non-bailable?
Whether Section 286 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 286 of BNSS?
The essential elements of Section 286 of BNSS are: The Magistrate must enter the serial number of the case.; The Magistrate must record the date of the commission of the offence and the date of the report or complaint.; The key legal test is the requirement for the Magistrate to enter the particulars in the form directed by the State Government..
Landmark Judgments under Section 286 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 286
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