Section 282 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Power Of Court To Convert Summons-Cases Into Warrant-Cases.

Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 282

Code: 282

Explanation:

This section pertains to the trial of summons-cases in India. A summons-case is an offense where the accused is initially summoned to appear in court without being arrested. This section allows a Magistrate, during the trial of a summons-case involving an offense punishable by imprisonment exceeding six months, to switch to the procedure for a warrant-case if deemed necessary in the interests of justice.

In essence, if a Magistrate believes that a summons-case warrants a more rigorous trial, they can re-hear the case as a warrant-case. This entails following the procedure laid out in the BNSS for warrant-cases. The Magistrate can also recall any witnesses who have already been examined.

Illustration:

Suppose a person is charged with theft, an offense punishable by imprisonment for a term exceeding six months, under the summons-case procedure. During the trial, the Magistrate discovers evidence suggesting a more serious criminal conspiracy. To thoroughly investigate the conspiracy, the Magistrate may decide that a warrant-case procedure would be more appropriate. Under Section 282, they can convert the case into a warrant-case and re-hear it accordingly.

Common Questions and Answers:

• Q: What is the main purpose of Section 282?
  

  A: The primary purpose is to ensure that the trial procedure is suitable for the gravity of the offense and the complexity of the case. It allows for flexibility in the judicial process.

• Q: When can a Magistrate re-hear a summons-case as a warrant-case?
  

  A: They can do so when they believe it is necessary for the interests of justice. This typically happens if new evidence emerges that warrants a more thorough investigation.

• Q: Can a witness be recalled during the re-hearing?
  

  A: Yes, Section 282 explicitly allows the Magistrate to recall any witness who was previously examined.

• Q: Does this section apply to all types of offenses?
  

  A: No. It only applies to summons-cases involving offenses punishable by imprisonment exceeding six months.