SUMMARY TRIALS
CHAPTER XX11
283. Power to try summarily
284. Summary trial by Magistrate of second class
285. Procedure for summary trials
286. Record in summary trials
287. Judgment in cases tried summarily
288. Language of record and judgment
Based on Chapter XXII (Summary Trials) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 30 preliminary examination questions designed to test your memory, understanding, and analytical capabilities.
Q1. Under Section 283(1), which of the following judicial officers is NOT explicitly mentioned as having the power to try cases in a summary way?
A) Any Chief Judicial Magistrate.
B) Any Magistrate of the first class.
C) Any Additional Sessions Judge.
D) Both A and B.
Q2. According to Section 283(1)(i), what is the maximum value of stolen property for a theft under Section 303(2), 305, or 306 of the BNS to be triable summarily?
A) Five thousand rupees.
B) Ten thousand rupees.
C) Twenty thousand rupees.
D) Fifty thousand rupees.
Q3. Under Section 283(1)(ii), an offence of receiving or retaining stolen property under Section 317(2) of the BNS is triable summarily if the value of the property does not exceed:
A) Ten thousand rupees.
B) Fifteen thousand rupees.
C) Twenty thousand rupees.
D) Twenty-five thousand rupees.
Q4. Which of the following BNS offences is included for summary trial under Section 283(1)(v)?
A) Murder.
B) Culpable homicide.
C) Criminal intimidation under Section 351(2) and (3).
D) Kidnapping.
Q5. (New BNSS Update) Under Section 283(2), a Magistrate of the first class may try summarily any offence not punishable with death, life imprisonment, or imprisonment for a term exceeding:
A) One year.
B) Two years.
C) Three years.
D) Seven years.
Q6. According to the proviso to Section 283(2), what is the rule regarding appeals in certain summary trial decisions?
A) Appeals are mandatory in all summary trials.
B) No appeal shall lie against the decision of a Magistrate to try a case in a summary way under this sub-section.
C) Appeals lie only to the High Court.
D) Appeals lie only if the property value exceeds ₹50,000.
Q7. Under Section 283(3), if mid-way through a summary trial it appears to the Magistrate that the nature of the case is \"undesirable\" to try summarily, the Magistrate shall:
A) Dismiss the case immediately.
B) Recall any witnesses already examined and re-hear the case.
C) Transfer the case to the Supreme Court.
D) Acquit the accused.
Q8. Section 284 states that the High Court may confer summary trial powers on a Magistrate of the second class for offences punishable with:
A) Fine only or imprisonment not exceeding six months (with or without fine).
B) Imprisonment up to one year.
C) Any bailable offence.
D) Only offences under the Motor Vehicles Act.
Q9. According to Section 285(1), the procedure for summary trials shall be the same as the procedure for:
A) Sessions Trials.
B) Warrant-cases.
C) Summons-cases.
D) Summary inquiries only.
Q10. What is the strict limit on the sentence of imprisonment for a conviction under a summary trial as per Section 285(2)?
A) Not exceeding one month.
B) Not exceeding three months.
C) Not exceeding six months.
D) Not exceeding one year.
Q11. Under Section 286, which of the following is NOT required to be entered in the record of a summary trial?
A) The serial number of the case.
B) The date of the commission of the offence.
C) The name of the Investigating Officer.
D) The finding of the Court.
Q12. According to Section 286(g), what must be recorded regarding the plea of the accused?
A) Only \"guilty\" or \"not guilty.\"
B) The plea of the accused and his examination (if any).
C) A full transcript of the accused's life history.
D) The signatures of two witnesses to the plea.
Q13. In every case tried summarily where the accused does NOT plead guilty, Section 287 requires the Magistrate to record:
A) A video of the proceedings.
B) The substance of the evidence and a judgment with a brief statement of reasons.
C) Only the final order.
D) The names of all people present in the gallery.
Q14. Under Section 288, the record and judgment of a summary trial must be written in:
A) English only.
B) Hindi only.
C) The language of the Court.
D) Any language the accused chooses.
Q15. Who is authorized under Section 288(2) to empower a Magistrate to prepare the record or judgment through an appointed officer?
A) The State Government.
B) The High Court.
C) The District Magistrate.
D) The Superintendent of Police.
Q16. If an officer is appointed to prepare a record or judgment under Section 288(2), who must sign the final document?
A) The officer who prepared it.
B) The Chief Judicial Magistrate.
C) The Magistrate who tried the case.
D) The Clerk of the Court.
Q17. Analysis Question: If a 1st Class Magistrate tries an offence punishable with 2 years of imprisonment summarily under Section 283(2), what is the maximum imprisonment he can award?
A) Two years.
B) One year.
C) Three months.
D) No imprisonment, fine only.
Q18. Reasoning Question: Why does Section 283(3) require the Magistrate to \"re-hear\" the case if it is found undesirable for a summary trial?
A) To ensure the higher procedural standards of a regular trial (summons or warrant) are met when the case is complex.
B) To waste time and delay justice.
C) To allow the prosecution to change its witnesses.
D) Because summary trials are not legal proceedings.
Q19. Problem Question: 'A' is accused of assisting in the concealment of stolen property valued at ₹25,000. Is this case triable summarily under Section 283(1)(iii)?
A) Yes, because it is under ₹50,000.
B) No, because the limit is ₹20,000.
C) Yes, if the Magistrate is a CJM.
D) No, because concealment is never triable summarily.
Q20. Understanding Question: What is the primary difference between summary trials and regular summons trials?
A) Summary trials use a different set of evidence rules.
B) Summary trials have a restricted sentencing power of 3 months and simplified record-keeping.
C) Regular trials do not allow for cross-examination.
D) There is no difference in BNSS.
Q21. Under Section 283(1)(iv), which BNS sections are covered regarding house-breaking?
A) Section 331(2) and (3).
B) Section 305.
C) Section 103.
D) Section 352.
Q22. For an offence of 'insult with intent to provoke a breach of the peace' (Section 352 BNS) to be triable summarily, is there a property value limit?
A) Yes, ₹20,000.
B) Yes, ₹10,000.
C) No limit is specified for this offence.
D) Only if it involves a public servant.
Q23. (BNSS Nuance) If a Magistrate of the second class is empowered to try a case summarily under Section 284, what is the maximum imprisonment term for the offences they can try?
A) Not exceeding three months.
B) Not exceeding six months.
C) Not exceeding one year.
D) Not exceeding two years.
Q24. Analytical Question: Can a summary trial record be prepared by an officer who is NOT the Magistrate?
A) No, it is strictly personal to the Magistrate.
B) Yes, if authorized by the High Court and appointed by the CJM.
C) Only in the absence of the Magistrate.
D) Only if the accused is a proclaimed offender.
Q25. Statement I: Summary trials under BNSS can result in rigorous imprisonment for 2 years if the offence is serious.
Statement II: Section 285(2) limits the sentence in summary trials to 3 months.
A) Only I is correct.
B) Only II is correct.
C) Both are correct.
D) Neither is correct.
Q26. Under Section 286(j), what date must be entered into the record?
A) The date of the FIR.
B) The date of the accused's arrest.
C) The date on which proceedings terminated.
D) The date of the High Court's notification.
Q27. Problem: A Magistrate is conducting a summary trial for an offence with a ₹15,000 property value. During the trial, evidence shows the value is actually ₹30,000. What is the Magistrate's duty under Section 283?
A) Continue the summary trial anyway.
B) Stop the summary trial, recall witnesses, and re-hear the case under Section 283(3).
C) Acquit the accused for lack of jurisdiction.
D) Fine the prosecution for the error.
Q28. Memory Question: Which section of BNSS corresponds to Section 260 of the old CrPC regarding the power to try summarily?
A) Section 274.
B) Section 281.
C) Section 283.
D) Section 288.
Q29. True or False: According to Section 287, a judgment in a summary trial where the accused pleads guilty must still contain a full record of the substance of evidence.
A) True.
B) False.
Q30. Reasoning Question: Why is the \"Language of the Court\" mandated for records and judgments under Section 288?
A) To ensure consistency in official judicial archives.
B) To make it difficult for the accused to understand.
C) Because BNSS does not recognize regional languages.
D) Only to save paper.
Answer Key
Q1. C [36, S. 283]
Q2. C [36, S. 283(1)(i)]
Q3. C [36, S. 283(1)(ii)]
Q4. C [36, S. 283(1)(v)]
Q5. C [37, S. 283(2)]
Q6. B [37, S. 283(2)]
Q7. B [37, S. 283(3)]
Q8. A [36, S. 284]
Q9. C [37, S. 285(1)]
Q10. B [37, S. 285(2)]
Q11. C [37, S. 286]
Q12. B [37, S. 286(g)]
Q13. B [37, S. 287]
Q14. C [37, S. 288(1)]
Q15. B [37, S. 288(2)]
Q16. C [37, S. 288(2)]
Q17. C [37, S. 285(2)]
Q18. A [37, S. 283(3)]
Q19. B [36, S. 283(1)(iii)]
Q20. B [37, S. 285, 286]
Q21. A [36, S. 283(1)(iv)]
Q22. C [36, S. 283(1)(v)]
Q23. B [36, S. 284]
Q24. B [37, S. 288(2)]
Q25. B [37, S. 285(2)]
Q26. C [37, S. 286(j)]
Q27. B [37, S. 283(3)]
Q28. C [36, S. 283]
Q29. B [37, S. 287 - Substance of evidence is only if the accused does not plead guilty]
Q30. A [37, S. 288]
Based on Chapter XXII (Summary Trials) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 10 statement-based questions designed for practice.
Q1. Consider the following statements regarding the power to try cases summarily under Section 283:
Statement I: Any Chief Judicial Magistrate has the power to try specified offences in a summary way.
Statement II: Any Magistrate of the first class is also empowered to try these specified offences summarily.
A) Only Statement I is correct.
B) Only Statement II is correct.
C) Both Statement I and II are correct.
D) Neither Statement I nor II is correct.
Q2. Regarding property value limits for summary trials under Section 283(1):
Statement I: Theft under the BNS is triable summarily if the value of the property stolen does not exceed twenty thousand rupees.
Statement II: Receiving or retaining stolen property is triable summarily if the value of such property does not exceed ten thousand rupees.
A) Only Statement I is correct.
B) Only Statement II is correct.
C) Both Statement I and II are correct.
D) Neither Statement I nor II is correct.
Q3. Evaluate the following statements regarding the new BNSS update in Section 283(2):
Statement I: A Magistrate of the first class may try summarily any offence not punishable with death, life imprisonment, or imprisonment for a term exceeding three years.
Statement II: An appeal can be filed against the decision of a Magistrate to try a case in a summary way under this sub-section.
A) Only Statement I is correct.
B) Only Statement II is correct.
C) Both Statement I and II are correct.
D) Neither Statement I nor II is correct.
Q4. Consider the provisions for summary trials by a Magistrate of the second class (Section 284):
Statement I: The High Court may empower a Magistrate of the second class to try summarily any offence punishable only with fine.
Statement II: Such a Magistrate may also be empowered to try offences punishable with imprisonment for a term not exceeding six months.
A) Only Statement I is correct.
B) Only Statement II is correct.
C) Both Statement I and II are correct.
D) Neither Statement I nor II is correct.
Q5. Regarding the procedure and sentencing in summary trials under Section 285:
Statement I: The procedure for summary trials shall be the same as that for summons-cases, except as otherwise provided.
Statement II: A sentence of imprisonment exceeding three months can be passed in the case of any conviction under a summary trial.
A) Only Statement I is correct.
B) Only Statement II is correct.
C) Both Statement I and II are correct.
D) Neither Statement I nor II is correct.
Q6. Consider the situation where a summary trial is found \"undesirable\" under Section 283(3):
Statement I: If the Magistrate finds the case undesirable for summary trial, they may proceed to deliver a judgment based on the summary record.
Statement II: The Magistrate is required to recall any witnesses already examined and re-hear the case in the manner provided by the Sanhita.
A) Only Statement I is correct.
B) Only Statement II is correct.
C) Both Statement I and II are correct.
D) Neither Statement I nor II is correct.
Q7. Evaluate these statements regarding the record in summary trials (Section 286):
Statement I: The Magistrate must enter the date of the commission of the offence in the record.
Statement II: The record must include the plea of the accused and their examination, if any.
A) Only Statement I is correct.
B) Only Statement II is correct.
C) Both Statement I and II are correct.
D) Neither Statement I nor II is correct.
Q8. Regarding the judgment in summary trials under Section 287:
Statement I: In cases where the accused does not plead guilty, the Magistrate must record the substance of the evidence.
Statement II: The judgment must contain a brief statement of the reasons for the finding.
A) Only Statement I is correct.
B) Only Statement II is correct.
C) Both Statement I and II are correct.
D) Neither Statement I nor II is correct.
Q9. Consider the language and preparation of records under Section 288:
Statement I: Every record and judgment in a summary trial shall be written in the language of the Court.
Statement II: The record or judgment must always be written by the Magistrate personally and cannot be prepared by an appointed officer.
A) Only Statement I is correct.
B) Only Statement II is correct.
C) Both Statement I and II are correct.
D) Neither Statement I nor II is correct.
Q10. Evaluate the following statements regarding the types of offences triable summarily (Section 283):
Statement I: Insult with intent to provoke a breach of the peace under Section 352 of the BNS is triable summarily.
Statement II: Criminal intimidation under sub-sections (2) and (3) of Section 351 of the BNS is triable summarily.
A) Only Statement I is correct.
B) Only Statement II is correct.
C) Both Statement I and II are correct.
D) Neither Statement I nor II is correct.
Answer Key and Citations
1. C — Both are specifically listed as empowered judicial officers [464, S. 283(1)].
2. A — Statement I is correct [465, S. 283(1)(i)]; Statement II is incorrect as the limit for receiving stolen property is also twenty thousand rupees [465, S. 283(1)(ii)].
3. A — Statement I is correct [466, S. 283(2)]; Statement II is incorrect as the proviso states that no appeal shall lie against such a decision [467, S. 283(2)].
4. C — Both conditions are specified for empowering second-class Magistrates [468, S. 284].
5. A — Statement I is correct [467, S. 285(1)]; Statement II is incorrect because the limit is strictly \"not exceeding three months\" [467, S. 285(2)].
6. B — Statement I is incorrect; Statement II is correct as per the mandatory requirement to re-hear the case [467, S. 283(3)].
7. C — Both are required entries in the summary trial record [468, S. 286(b) and (g)].
8. C — Both are requirements for a judgment where the accused claims trial [469, S. 287].
9. A — Statement I is correct [469, S. 288(1)]; Statement II is incorrect as Section 288(2) allows an appointed officer to prepare the record or judgment if authorized.
10. C — Both categories of offences are explicitly listed as triable summarily [465, S. 283(1)(v)].
READY RECKONER
This "Summary Trial Speed-Sheet" provides a quick, easy, and effective ready-reckoner for Chapter XXII (Sections 283–288) of the BNSS, 2023. This chapter streamlines the judicial process for less serious offences, emphasizing speed and simplified record-keeping.
1. Authorized Officers (Section 283 & 284)
Default Power: Any Chief Judicial Magistrate or Magistrate of the first class is empowered to try specific offences in a summary way.
Specially Empowered: The High Court may also confer summary trial powers on a Magistrate of the second class for offences punishable only with a fine or imprisonment not exceeding six months.
2. Specified Offences (Section 283(1))
The following can be tried summarily if they fall under these criteria:
Theft & Stolen Property: Theft, receiving, or assisting in the concealment of stolen property where the value of the property does not exceed twenty thousand rupees.
House-Breaking: Offences under sub-sections (2) and (3) of Section 331 of the BNS.
Threats & Insults: Criminal intimidation (S. 351(2) & (3)) and insult intended to provoke a breach of the peace (S. 352).
Ancillary Acts: Abetment of or attempts to commit any of the above.
3. The BNSS Expansion (Section 283(2))
Broad Power: A Magistrate of the first class may now try summarily any offence that is not punishable with death, life imprisonment, or imprisonment for a term exceeding three years.
Finality: There is no appeal against a Magistrate’s decision to try a case in a summary way under this specific sub-section.
4. Procedure and Sentencing (Section 285)
General Procedure: Summary trials follow the same procedure as summons-cases, except for specific record-keeping variations.
Sentencing Cap: The maximum sentence of imprisonment that can be passed in any summary trial is three months.
The Safety Clause: If, during the trial, the Magistrate finds the case is "undesirable" for a summary trial, they must recall witnesses and re-hear the case in a regular manner.
5. Record-Keeping (Section 286)
In every summary trial, the Magistrate must enter specific particulars in a form directed by the State Government, including:
Serial number and dates (commission, report, and termination), Names of parties and property values, The plea of the accused and their examination, Final findings and the sentence.
6. Judgments and Language (Sections 287 & 288)
Substance of Evidence: If the accused does not plead guilty, the Magistrate must record the substance of the evidence and a judgment with a brief statement of reasons.
Language: All records and judgments must be written in the language of the Court.
Clerical Assistance: With High Court authorization, a CJM may appoint an officer to prepare the record or judgment, but the Magistrate who tried the case must sign it.
Quick Revision Tip: "The Summary 3s"
3 years: Max substantive punishment of offences eligible for the expanded summary trial power.
3 months: Absolute maximum imprisonment a summary trial can award.