Law4u - Made in India

What Is BNSS Section 282?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - 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 re-call any witness who may have been examined.

Brief Detail

Section 282 of the Bharatiya Nagarik Suraksha Sanhita, 2023, grants the Magistrate the power to convert a summons-case into a warrant-case under certain conditions. If during the trial of a summons-case, the Magistrate determines that the case should be tried following the procedure for warrant-cases (especially for offences punishable with imprisonment for more than six months), the Magistrate can re-hear the case according to the relevant procedures and may re-call any witnesses previously examined.

Question & Answers

Q1: When can a Magistrate convert a summons-case into a warrant-case?

A1: A Magistrate can convert a summons-case into a warrant-case if, during the trial, it appears that the offence should be tried according to the procedure for warrant-cases, especially for offences punishable with imprisonment for more than six months.

Q2: What is the procedure followed when converting a summons-case into a warrant-case?

A2: The Magistrate will re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases. This includes the possibility of recalling any witnesses who were previously examined.

Q3: Does this power apply to all offences?

A3: No, this power specifically applies to offences that are punishable with imprisonment for a term exceeding six months.

Q4: Can the Magistrate recall witnesses in a converted case?

A4: Yes, the Magistrate has the authority to recall any witness who may have been previously examined when converting a summons-case into a warrant-case.

Example

Example 1:

During the trial of a summons-case, the Magistrate discovers that the offence is punishable with imprisonment for more than six months. The Magistrate decides that the case should be tried as a warrant-case and re-hears the case following the procedure for warrant-cases. The Magistrate may also recall any witnesses that were previously examined during the summons-case trial.

Example 2:

A Magistrate is hearing a summons-case where the accused is charged with a serious offence punishable by more than six months in jail. In the interest of justice, the Magistrate converts the case into a warrant-case and begins a fresh trial with the proper procedure, including re-examining the witnesses.

Summary

Section 282 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows a Magistrate to convert a summons-case into a warrant-case if the offence involves imprisonment for more than six months and if it is in the interest of justice. The case will then be tried according to the procedures for warrant-cases, and the Magistrate can re-call any witnesses who were previously examined.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Mohd Imran Khan

Advocate Mohd Imran Khan

Anticipatory Bail, Criminal, Divorce, Family, Muslim Law, R.T.I, Cheque Bounce, GST, High Court, Motor Accident, Tax

Get Advice
Advocate Vikram Singh

Advocate Vikram Singh

Anticipatory Bail, Court Marriage, Cyber Crime, Divorce, GST, Domestic Violence, Family, Motor Accident, Recovery, Child Custody, Cheque Bounce, Consumer Court, Criminal, Customs & Central Excise, Armed Forces Tribunal, Bankruptcy & Insolvency, Breach of Contract, Banking & Finance, Corporate

Get Advice
Advocate Pramod Kumar Tewari

Advocate Pramod Kumar Tewari

Criminal, Cheque Bounce, Family, Consumer Court, Anticipatory Bail

Get Advice
Advocate Saleem Khan

Advocate Saleem Khan

Cheque Bounce,Civil,Criminal,Divorce,High Court,

Get Advice
Advocate Ashish Kumar Ahuja

Advocate Ashish Kumar Ahuja

Cheque Bounce,Civil,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,Landlord & Tenant,Motor Accident,Muslim Law,Property,Recovery,Succession Certificate,

Get Advice
Advocate Ashish Ganguly

Advocate Ashish Ganguly

Bankruptcy & Insolvency, Banking & Finance, Court Marriage, High Court, NCLT

Get Advice
Advocate Pankaj Kumar Sharma

Advocate Pankaj Kumar Sharma

Anticipatory Bail,Banking & Finance,Cheque Bounce,Consumer Court,Criminal,Cyber Crime,Divorce,Family,Insurance,Motor Accident,

Get Advice
Advocate Vandana G Pandey

Advocate Vandana G Pandey

Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Divorce, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Property, Recovery

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.