Contents
BNSS Section 286: Record Keeping in Summary Trials
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 286
Explanation: This section mandates specific details to be recorded by the Magistrate in every summary trial. It ensures transparency and accountability in the process.
Details to be Recorded:
- (a) Serial number of the case: Unique identifier for the case.
- (b) Date of the commission of the offense: When the crime took place.
- (c) Date of the report or complaint: When the offense was officially reported.
- (d) Name of the complainant (if any): The person who reported the crime.
- (e) Name, parentage, and residence of the accused: Identity details of the person charged.
- (f) Offense complained of and offense proved (if any): Details of the crime alleged and the crime found proven (if any), including the value of the property involved in cases specified in Section 283.
- (g) Plea of the accused and his examination (if any): The accused’s response to the charges and any testimony they provided.
- (h) Finding: The Magistrate’s decision on the guilt or innocence of the accused.
- (i) Sentence or other final order: The punishment imposed, if any, or other legal consequences.
- (j) Date on which proceedings terminated: The final date of the trial.
Illustration:
Imagine a case where a person is charged with theft under Section 379 of the Indian Penal Code (IPC). The Magistrate, while conducting a summary trial, will ensure that the details mentioned in Section 286 of BNSS are meticulously recorded in the case file. This includes the date of the theft, the name of the complainant, the name and address of the accused, the accused’s plea, the evidence presented, the finding of the Magistrate, and the final sentence imposed.
Common Questions and Answers:
- Q: What is a summary trial?
- A: A summary trial is a simpler and faster trial procedure for minor offenses, typically conducted by a Magistrate without a jury.
- Q: Why is it important to record all these details?
- A: The detailed record ensures transparency, accountability, and allows for review of the proceedings, if needed. It also provides a comprehensive record of the case for future reference.
- Q: Who decides the format for recording these details?
- A: The State Government specifies the format for recording these details in summary trials.
