Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 287
Code: 287
Explanation: This section deals with the recording of evidence and judgment in summary trials where the accused pleads not guilty. It mandates that the Magistrate, in such cases, must record the substance of the evidence presented and deliver a judgment that includes a concise explanation of the reasons behind the finding.
Illustration:
Imagine a case where a person is charged with petty theft under a summary trial procedure. The accused pleads not guilty. In this scenario, the Magistrate would:
- Record the testimony of witnesses, the exhibits presented, and any other relevant evidence.
- After evaluating the evidence, the Magistrate would pronounce a judgment – either convicting or acquitting the accused.
- The judgment would include a brief explanation of the reasons for the finding, outlining the basis for the Magistrate’s decision.
Common Questions and Answers:
- Q: What is a summary trial?
A: A summary trial is a simplified and expedited court procedure typically used for minor offenses. It is characterized by less formal procedures and a quicker resolution compared to regular trials.
- Q: Why is it important to record the substance of evidence?
A: Recording the evidence ensures transparency, accountability, and facilitates potential appeals. It provides a written record of the proceedings for review.
- Q: Does the judgment need to be detailed?
A: While the judgment should be concise, it must adequately explain the reasoning behind the finding, ensuring that the parties understand the basis for the decision.
