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🧾 Summary Trials under Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

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πŸ“˜ Overview

Summary trials are a form of simplified, fast-track criminal trials used for minor offenses. They are designed to reduce the burden on the judiciary, avoid unnecessary procedural delays and ensure swift justice in petty cases.

The Bharatiya Nyaya Sanhita (BNS), 2023, and its procedural counterpart, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, continue and expand the scope for summary trials, making the criminal justice system more efficient and citizen-friendly.

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βš–οΈ Legal Basis: Sections 283 to 288 of BNSS, 2023

These sections correspond to Sections 260–265 of the old Criminal Procedure Code (CrPC), 1973, but with some procedural improvements and clarity.

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πŸ” What is a Summary Trial?

A summary trial is a shortened legal procedure for petty and less serious criminal offenses, where:

The record of proceedings is brief.

Fewer witnesses are examined.

The trial is concluded quickly.

Lesser sentences are involved.

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πŸ“Œ Categories of Offenses Suitable for Summary Trials

Some examples include:

Theft (under β‚Ή5,000)

Public nuisance

Simple hurt

Defamation

Mischief

Minor cases of trespass

Disobedience of public servant's orders

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πŸ“œ Procedure under Summary Trials

Magistrate takes cognizance of a petty offense.

Accused is summoned and evidence is recorded briefly.

Witnesses may be limited to avoid delay.

The entire record is concise β€” key facts, evidence summary and judgment.

Judgment is passed quickly (ideally same or next day).

Appeal rights are restricted for speedy disposal.

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πŸ“’ Judicial Discretion

Even if an offense is eligible for summary trial, the Magistrate may choose not to use it and convert it into a regular trial if:

The case appears complicated,

The accused has a criminal background, or

The interests of justice require a full trial.

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⚠️ Safeguards

The accused must be informed that the case is being tried summarily.

The Magistrate must ensure fairness and non-coercion.

Legal representation must be allowed.

No major sentence can be imposed beyond 3 months without converting the case.

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πŸ“Œ Example Scenario


A man is caught stealing fruits from a local vendor worth β‚Ή400.

β†’ The Magistrate takes summary cognizance, records brief facts, hears one witness (vendor) and fines the offender β‚Ή500 the same day.

β†’ Case closed without formal jail or long proceedings.

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βœ… Conclusion

Summary trials under BNSS reflect India’s movement toward a faster and more responsive criminal justice system. They serve the dual goals of speed and fairness, ensuring that minor cases don’t clog the system, while maintaining safeguards for the accused.

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When two persons agree to commit an offense and one commits an overt act, it constitutes:
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B) Criminal conspiracy
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3%
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a. Section 2(e)
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b. Section 2(f)
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d. Section 2(h)
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a. Section 2(i)
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11%
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