Section 282 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 S
Section 282 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Power of Court to Convert Summons-Cases into Warrant-Cases
📜 Text of Section 282
Section 282. Power of Court to convert summons-cases into warrant-cases
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.(
⚖️ Legal Context and Purpose
Section 282 of the BNSS, 2023, empowers a Magistrate to convert a summons-case into a warrant-case during the trial process. This provision is applicable when the offence under trial is punishable with imprisonment exceeding six months. The Magistrate may exercise this power if, in the interests of justice, it is deemed appropriate to follow the procedure for warrant-cases.
By allowing the conversion, the section ensures that the trial procedure aligns with the gravity of the offence, thereby facilitating a more thorough examination and ensuring fairness in the judicial process.
🧭 Illustrative Example
Scenario: An individual is charged with an offence punishable with imprisonment for a term exceeding six months.
Application of Section 282:
Initial Procedure: The case is initially treated as a summons-case, and proceedings commence accordingly.
Re-evaluation: During the trial, the Magistrate assesses the circumstances and determines that the case warrants a more detailed examination.
Conversion: In the interests of justice, the Magistrate decides to convert the summons-case into a warrant-case
Re-hearing: The case is re-heard following the procedures stipulated for warrant-cases, and any previously examined witnesses may be recalled for further testimony.
Outcome: The conversion ensures that the trial procedure is commensurate with the seriousness of the offence, promoting a fair and just legal process.
📌 Conclusion
Section 282 of the BNSS, 2023, provides a mechanism for adapting the trial procedure to the nature of the offence, thereby enhancing the fairness and thoroughness of the judicial process. By granting Magistrates the discretion to convert summons-cases into warrant-cases, the provision ensures that serious offences are subject to appropriate procedural scrutiny.(
RELATED Blog
0 comments