Bharatiya Nagarik Suraksha Sanhita 2023
Chapter XXII :
Summary Trials :
Section 283 :
Power to try summarily :
(See section 260 of CrPC 1973)
(1) Notwithstanding anything contained in this Sanhita—
(a) any Chief Judicial Magistrate;
(b) Magistrate of the first class,
shall try in a summary way all or any of the following offences:—
(i) theft, under sub-section (2) of section 303, section 305 or section 306 of the Bharatiya Nyaya Sanhita, 2023 where the value of the property stolen does not exceed twenty thousand rupees;
(ii) receiving or retaining stolen property, under sub-section (2) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees;
(iii) assisting in the concealment or disposal of stolen property under sub-section (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees;
(iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023;
(v) insult with intent to provoke a breach of the peace, under section 352, and criminal intimidation, under sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023;
(vi) abetment of any of the foregoing offences;
(vii) an attempt to commit any of the foregoing offences, when such attempt is an offence;
(viii) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871).
(2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, 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:
Provided that no appeal shall lie against the decision of a Magistrate to try a case in a summary way under this sub-section.
(3) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall re-call any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Sanhita.
