Code: Section 284 BNSS
284.
The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence.
Explanation of Section 284 BNSS
Empowerment of Second-Class Magistrates
Section 284 of the BNSS provides the High Court with the authority to delegate powers to Magistrates of the second class. These powers specifically enable them to try summary offenses, which are offenses that are typically less serious and may be resolved more efficiently through simplified procedures.
Scope of Offenses for Summary Trial
The section outlines the types of offenses that can be tried summarily under this provision:
- Offenses punishable by fine or imprisonment for a term not exceeding six months (with or without a fine).
- Abetment or attempt to commit any of the aforementioned offenses.
By allowing second-class Magistrates to handle these cases, the High Court facilitates the swift adjudication of minor offenses, promoting efficiency in the legal process.
Illustration
Example 1: Minor Theft Case
A Magistrate of the second class may be granted the power to try a case of theft where the value of the stolen goods is minor, and the punishment does not exceed six months in prison or a fine. Such cases can be resolved quickly through summary trial procedures.
Example 2: Attempted Fraud
In a situation where a person attempts to commit fraud, but the punishment does not exceed six months in prison, the Magistrate of the second class can be authorized to conduct a summary trial, which expedites the judicial process for lesser offenses.
Common Questions and Answers on Section 284 BNSS
1. What does “Magistrate of the second class” mean?
- Answer: A Magistrate of the second class refers to a judicial officer who has limited jurisdiction compared to higher-class Magistrates. They typically handle less serious offenses and possess fewer judicial powers.
2. What types of offenses can be tried summarily under Section 284?
- Answer: Offenses that are punishable only by fine or imprisonment for up to six months, or any attempt or abetment of such offenses, can be tried summarily by a Magistrate of the second class.
3. Can second-class Magistrates handle more serious offenses?
- Answer: No, second-class Magistrates are limited to trying only minor offenses as outlined in Section 284. For more serious offenses, they must be referred to higher Magistrates with broader jurisdiction.
4. What happens if a Magistrate is not conferred with powers under Section 284?
- Answer: If a Magistrate of the second class is not granted the powers to try summary offenses, such cases will be handled by higher Magistrates, potentially involving more formal procedures.
Conclusion
Section 284 BNSS empowers second-class Magistrates to try less serious offenses through summary trials, promoting a more efficient judicial process for minor crimes. The section helps reduce the burden on higher courts and ensures that minor offenses are adjudicated .
