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BNSS, 2023
Start Practicing
BNSSChapter XXISection 282
Section282

Power of Court to convert summonscases into warrant-cases

AI Assist

Summary

If a summons-case involves an offence punishable with imprisonment for more than six months, the Magistrate can, if justice requires, convert the trial to the warrant-case procedure. The Magistrate may re-hear the matter under warrant-case rules and recall any witness who has already been examined.

Example

Priya is facing a summons-case for an offence punishable with one year imprisonment. During trial the Magistrate considers the matter serious and converts it into a warrant-case; the Magistrate re-hears the charge under warrant-case procedure and recalls a witness who had already testified.

Bare Act

Enacted text

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 recall any witness who may have been examined.

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XXI

Chapter XXI

Trial of Summons-Cases by Magistrates

In this chapter

  • 274Substance of accusation to be stated
  • 275Conviction on plea of guilty
  • 276Conviction on plea of guilty in absence of accused in petty cases
  • 277Procedure when not convicted
  • 278Acquittal or conviction
  • 279Non-appearance or death of complainant
  • 280Withdrawal of complaint
  • 281Power to stop proceedings in certain cases
  • 282Power of Court to convert summonscases into warrant-cases
Previous · Section 281Power to stop proceedings in certain casesNext · Section 283Power to try summarily