BNSS Section 284
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 284
Explanation: This section empowers the High Court to grant summary trial powers to Magistrates of the second class for certain offences. This means that these Magistrates can hear and decide these cases without the need for a full-fledged trial.
Offences Covered: This section applies to offences that are punishable only with a fine or with imprisonment for a term not exceeding six months, with or without fine. It also covers abetment (incitement) or attempt to commit such offences.
Example: Let’s say an individual is accused of causing hurt by a rash or negligent act (Section 337 of the Indian Penal Code). The maximum punishment for this offence is six months imprisonment and a fine. Under Section 284, the High Court can authorize a Magistrate of the second class to try this case summarily.
Common Questions and Answers:
- Q: What is a Magistrate of the second class?
- A: A Magistrate of the second class is a judicial officer with certain powers to try cases, including summary trials.
- Q: What is a summary trial?
- A: A summary trial is a simplified form of trial where the proceedings are less formal, and the evidence presented is less extensive.
- Q: Can the High Court restrict the summary trial power?
- A: Yes, the High Court can impose conditions or restrictions on the Magistrate’s power to try cases summarily.
