Summary trials, as outlined in Sections 283 to 288 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), are structured to provide a brief and expedited trial process for specific categories of offences. These trials are applicable to cases where the maximum penalty is up to three years of imprisonment or those deemed to be of a summary nature by law.

The primary aim of summary trials is to facilitate swift justice while upholding the principles of natural justice and fair trial. Additionally, these trials ensure that only offences of a certain severity are tried summarily, with cases carrying higher potential penalties being addressed through standard trial procedures.

The scope for appeal in summary trials is more restricted than in regular trials. An accused person can appeal solely against the judgment but cannot challenge the Magistrate's decision to conduct a summary trial. This provision aims to streamline the appellate process and minimize delays in case resolution.

Provisions Under the Bharatiya Nagarik Suraksha Sanhita, 2023

According to Section 283 of the BNSS, 2023, the authority to conduct summary trials is as follows:

1. Regardless of other provisions in this Sanhita:
   1. Any Chief Judicial Magistrate;
   2. Any first-class Magistrate,
   Shall conduct summary trials for any of the following offences:
   1. Theft, as defined in Sections 303(2), 305, or 306 of the Bharatiya Nyaya Sanhita, 2023, provided that the value of the stolen property does not surpass twenty thousand rupees;
   2. Receiving or retaining stolen property, under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023, when the value of such property does not exceed twenty thousand rupees;
   3. Aiding in the concealment or disposal of stolen property under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023, where the value of such property is capped at twenty thousand rupees;
   4. Offences delineated in Sub-sections (2) and (3) of Section 331 of the Bharatiya Nyaya Sanhita, 2023;
   5. Offending with the purpose of inciting a disturbance, according to section 352, as well as criminal intimidation as per Sub-sections (2) and (3) of Section 351 of the Bharatiya Nyaya Sanhita, 2023;
   6. Abetment of any of the previously mentioned offences;
   7. Attempting to commit any of the aforementioned offences, provided that such an attempt qualifies as an offence;
   8. Any offence arising from actions that can lead to a complaint under section 20 of the Cattle-trespass Act, 1871.
       
2. The Magistrate may, upon giving the accused a fair chance to be heard, conduct a summary trial for any or all offences not carrying a penalty of death, life imprisonment, or imprisonment exceeding three years, with justifications documented in writing. However, no appeal shall be permitted against the Magistrate's decision to handle a case summarily under this Sub-section.
    
3. If, during a summary trial, the Magistrate determines that the case's nature warrants against a summary proceeding, the Magistrate will re-call any witnesses previously examined and conduct a re-hearing in accordance with the procedures outlined in this Sanhita.

Section 284 of the BNSS, 2023: Summary Trial by Magistrates of Second Class:

The High Court has the authority to grant any Magistrate possessing the powers of a second-class Magistrate the ability to conduct summary trials for any offence that is punishable solely by a fine or by imprisonment for a duration not exceeding six months, either with or without a fine, as well as for any abetment of or attempts to commit such offenses.

Section 285 of the BNSS, 2023: Summary Trial Procedures:

1. In cases tried under this Chapter, the procedure outlined in this Sanhita for the trial of summons cases shall be adhered to, unless stated otherwise below.
2. Notwithstanding anything within this Chapter, no conviction therein shall result in a prison sentence longer than three months.

Section 286 BNSS, 2023: Record in Summary Trials:

In every summary trial, the Magistrate is required to record specific details as directed by the State Government, which include: the case's serial number, the date the offence occurred, the date the report or complaint was filed, the complainant's name (if applicable), the accused's name, parentage, and residence, the offence in question along with any proven offences, and for cases under clauses (i), (ii), or (iii) of Subsection (1) of Section 283, the value of the property involved. Additionally, the record must note the accused's plea and any examination, the finding of the case, the sentence or other final order issued, and the date when the proceedings were concluded.

Section 287 BNSS, 2023: Judgment Procedures for Summary Trials:

For every case that is tried summarily where the accused does not enter a guilty plea, the Magistrate is required to document the key points of the evidence and deliver a judgment that includes a concise explanation of the reasons for the decision.

Section 288 BNSS, 2023: Language of Record and Judgment:

1. All records and judgments must be written in the language used by the Court.
2. The High Court has the authority to permit any Magistrate, who is authorized to handle summary offences, to prepare the aforementioned record or judgment, or both, with the assistance of an officer designated for this purpose by the Chief Judicial Magistrate. The record or judgment prepared in this manner must be signed by the respective Magistrate.

Conclusion:
BNSS has empowered Magistrates to 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 as compared to the CrPC which has provision to 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 two years itself. The BNSS takes a contemporary approach and has given powers to try offences summarily when the value of the property does not exceed Rupees Twenty Thousand compared to the earlier CrPC which was a mere Two Hundred.

Summary trials serve as a vital instrument for bringing speedy justice to offences of certain strata in India. The importance of summary trials lies in their efficiency, cost-effectiveness, deterrent value, access to justice, and flexibility with which they can be conducted. By ensuring that cases are resolved quickly and without much complication, summary trials help in making the Indian Criminal Justice System effective as a whole. Nevertheless, it is crucial to ensure that the principles of natural justice are upheld, that justice and a fair trial are maintained, and that summary trials according to BNSS are carried out in a way that protects the rights of the accused.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565