Law4u - Made in India

What Is BNSS Section 282?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 282: Power of Court to convert summons-cases into warrant-cases

When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases and may re-call any witness who may have been examined.

Brief Detail

Section 282 of the Bharatiya Nagarik Suraksha Sanhita, 2023, grants the Magistrate the power to convert a summons-case into a warrant-case under certain conditions. If during the trial of a summons-case, the Magistrate determines that the case should be tried following the procedure for warrant-cases (especially for offences punishable with imprisonment for more than six months), the Magistrate can re-hear the case according to the relevant procedures and may re-call any witnesses previously examined.

Question & Answers

Q1: When can a Magistrate convert a summons-case into a warrant-case?

A1: A Magistrate can convert a summons-case into a warrant-case if, during the trial, it appears that the offence should be tried according to the procedure for warrant-cases, especially for offences punishable with imprisonment for more than six months.

Q2: What is the procedure followed when converting a summons-case into a warrant-case?

A2: The Magistrate will re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases. This includes the possibility of recalling any witnesses who were previously examined.

Q3: Does this power apply to all offences?

A3: No, this power specifically applies to offences that are punishable with imprisonment for a term exceeding six months.

Q4: Can the Magistrate recall witnesses in a converted case?

A4: Yes, the Magistrate has the authority to recall any witness who may have been previously examined when converting a summons-case into a warrant-case.

Example

Example 1:

During the trial of a summons-case, the Magistrate discovers that the offence is punishable with imprisonment for more than six months. The Magistrate decides that the case should be tried as a warrant-case and re-hears the case following the procedure for warrant-cases. The Magistrate may also recall any witnesses that were previously examined during the summons-case trial.

Example 2:

A Magistrate is hearing a summons-case where the accused is charged with a serious offence punishable by more than six months in jail. In the interest of justice, the Magistrate converts the case into a warrant-case and begins a fresh trial with the proper procedure, including re-examining the witnesses.

Summary

Section 282 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows a Magistrate to convert a summons-case into a warrant-case if the offence involves imprisonment for more than six months and if it is in the interest of justice. The case will then be tried according to the procedures for warrant-cases, and the Magistrate can re-call any witnesses who were previously examined.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Shoyab Khan

Advocate Shoyab Khan

Anticipatory Bail,Cheque Bounce,Civil,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Labour & Service,Landlord & Tenant,Motor Accident,Muslim Law,Property,Wills Trusts,

Get Advice
Advocate Naincy Kesharwani

Advocate Naincy Kesharwani

Civil, Court Marriage, Criminal, Divorce, High Court

Get Advice
Advocate Dharmendra Jaiswal

Advocate Dharmendra Jaiswal

Cheque Bounce, Civil, Consumer Court, Corporate, Property

Get Advice
Advocate Siddarth Tanwar

Advocate Siddarth Tanwar

Anticipatory Bail, Cyber Crime, Criminal, Court Marriage, High Court

Get Advice
Advocate Mohd Kadir

Advocate Mohd Kadir

Divorce, GST, Domestic Violence, Family, NCLT, Tax, Banking & Finance, Civil

Get Advice
Advocate Mada Sujan

Advocate Mada Sujan

Anticipatory Bail,Arbitration,Banking & Finance,Cheque Bounce,Civil,Consumer Court,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Family,Succession Certificate

Get Advice
Advocate Pradeep Kumar Yadav

Advocate Pradeep Kumar Yadav

Anticipatory Bail, Cheque Bounce, Child Custody, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, International Law, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Trademark & Copyright

Get Advice
Advocate Hemant Eknath Sonawane

Advocate Hemant Eknath Sonawane

Anticipatory Bail, Civil, Cheque Bounce, Divorce, Documentation, Criminal, Domestic Violence, Breach of Contract, Child Custody, Landlord & Tenant

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.