Code: Section 282 BNSS

282.
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.

Explanation of Section 282 BNSS

Section 282 of the BNSS deals with the situation where a Magistrate is handling a summons-case for an offence punishable with imprisonment for more than six months. If, during the trial, the Magistrate believes that trying the case as a warrant-case is in the best interests of justice, the Magistrate can shift the procedure from a summons-case to a warrant-case trial. This includes the ability to re-call any witnesses who have already testified, ensuring a fair and thorough examination of the case.

Illustration

Example 1: Transition from Summons-Case to Warrant-Case

A case is being tried as a summons-case for an offence punishable by imprisonment for seven months. During the trial, the Magistrate feels that the case is more complex and should be treated as a warrant-case. The Magistrate proceeds with the trial under the procedure for warrant-cases and re-calls any witnesses as necessary.

Example 2: Recalling Witnesses

In a summons-case for an offence under section 340 BNSS, the Magistrate determines that the case would be better served by a warrant-case trial. The Magistrate re-hears the case and recalls witnesses to give additional testimony as part of the transition.

Common Questions and Answers on Section 282 BNSS

1. Can a summons-case be shifted to a warrant-case during the trial?

• Answer: Yes, under Section 282, if the Magistrate believes that trying the case as a warrant-case is in the interests of justice, the trial can be shifted, and any witnesses already examined may be re-called.

2. What is the main difference between a summons-case and a warrant-case?

• Answer: A summons-case is typically for less severe offences where the punishment is less than or equal to six months in prison. A warrant-case is for more serious offences or those punishable by a longer sentence, and the trial procedure is more formal and detailed.

3. Why would a Magistrate decide to change the trial procedure?

• Answer: The Magistrate may decide to change the trial procedure if the offence is serious enough or involves complex issues that require a more thorough examination than a summons-case procedure allows.

Conclusion

Section 282 of the BNSS ensures flexibility in the judicial process, allowing a Magistrate to switch from a summons-case to a warrant-case trial if necessary for justice. This provision aims to accommodate the complexity and severity of cases that may arise during a summons-case trial, thereby ensuring fair proceedings.