BNSS Section 274
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 274
Explanation:
This section deals with the procedure for the commencement of a trial in a summons-case. It outlines the steps a Magistrate must follow when an accused person appears before them. The section is designed to ensure fairness and transparency in the proceedings.
- Stating Accusation: The Magistrate must first clearly state the specific offense the accused is charged with.
- Plea: The accused is then asked if they plead guilty or if they have a defense to offer. This allows the accused to indicate their position at the outset.
- Formal Charge: While a formal charge is not mandatory in summons cases, the accused must be aware of the charges against them.
- Groundless Accusation: If the Magistrate deems the accusation to be baseless, they must record their reasoning in writing and release the accused. This release effectively discharges them from the case.
Illustration:
Suppose a person is summoned to appear before a Magistrate for the offense of driving without a license. The Magistrate would inform the accused of the charge, then ask if they plead guilty or have a defense. If the accused claims they were driving a vehicle owned by their family member who has a license, and the Magistrate finds this explanation reasonable, the Magistrate might deem the accusation groundless and release the accused.
Common Questions and Answers:
Q: Does this mean a formal charge is never needed in summons cases?
A: While Section 274 does not explicitly require a formal charge in summons cases, it’s good practice for the Magistrate to frame one to ensure clarity and formality.
Q: What happens if the accused does not have a defense?
A: If the accused does not have a defense, they may plead guilty, and the Magistrate will proceed accordingly. Alternatively, they can contest the charges and present evidence to support their case.
