Trial of Summons Cases by Magistrates Under BNSS 2023: Step-by-Step Procedure

The implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) marks a significant transition in India's criminal justice administration, replacing the Code of Criminal Procedure, 1973 (CrPC). While the core structural tenets of criminal procedure have been retained, the BNSS brings statutory modernization, integrated digital mechanisms, and updated cross-references that every legal practitioner and litigant must navigate.

Among the various trial procedures prescribed by the Sanhita, the trial of summons cases by Magistrates is the most frequent in day-to-day court functioning. From offences under Section 138 of the Negotiable Instruments Act to minor public nuisance, defamation, and petty offences under the Bharatiya Nyaya Sanhita, 2023 (BNS), summons trials are designed for expeditious dispute resolution without procedural over-complication.

This article outlines the complete, step-by-step procedure governing the trial of summons cases by Magistrates under Chapter XXI (Sections 274 to 282) of the BNSS, 2023.

What Qualifies as a 'Summons Case' Under BNSS?

Under Section 2(1)(x) of the BNSS, 2023, a summons-case is defined simply as:

"a case relating to an offence, and not being a warrant-case."

To understand this definition, we turn to Section 2(1)(z) of the BNSS, which defines a warrant-case as an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.

Therefore, any offence punishable with imprisonment of up to two years, or with fine only, falls under the category of a summons case. Because the penalties involved are relatively less severe than those in warrant cases, the law prescribes an abbreviated, streamlined trial procedure that dispenses with the formal framing of written charges.

Step-by-Step Procedure of a Summons Trial Under BNSS, 2023

The statutory framework for summons trials is laid out in Sections 274 through 282 of the BNSS. Below is the sequence observed in the Magistrate Court:

Step 1: Appearance and Explanation of the Accusation (Section 274 BNSS)

When the accused appears or is brought before the Magistrate:

Unlike a warrant trial, the Magistrate is not required to frame a formal charge.
Instead, the particulars of the alleged offence are stated to the accused orally or in writing.
The Magistrate asks the accused whether they plead guilty or have any defence to make.

Under the BNSS, this initial appearance may also be conducted via audio-visual electronic means (video conferencing) from prison or designated centres, advancing judicial efficiency.

Step 2: Plea of Guilty and Conviction (Sections 275 & 276 BNSS)

Plea of Guilty in Person (Section 275): If the accused admits to the offence and pleads guilty, the Magistrate records the plea as nearly as possible in the words used by the accused. The Magistrate may, at their discretion, convict the accused thereupon.
Plea of Guilty in Absence for Petty Offences (Section 276): In petty cases where a special summons has been issued under Section 229 of the BNSS, the accused can plead guilty by post, by an authorized advocate, or through designated electronic mediums, transmitting the specified fine without personally attending court.

Step 3: Hearing the Prosecution and Recording Evidence (Section 277 BNSS)

If the accused does not plead guilty or if the Magistrate does not accept the plea of guilty under Section 275:

Prosecution Evidence: The Magistrate proceeds to hear the prosecution (or the complainant) and takes all evidence produced in support of the case.
Issuing Witness Summons: Under Section 277(2), the Magistrate may, upon an application by the prosecution or the accused, issue summons to any witness directing them to attend or produce documents.
Depositing Witness Expenses: The court may mandate that reasonable expenses incurred by the witness be deposited in court prior to issuing process.

Under BNSS provisions on evidence, depositions of witnesses and the presentation of electronic records comply with the procedural parameters of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

Step 4: Examination of the Accused (Section 351 BNSS)

After the conclusion of the prosecution's evidence, the court examines the accused under Section 351 of the BNSS (corresponding to Section 313 of the CrPC). This gives the accused a direct opportunity to personally explain any circumstances appearing in the evidence against them without being administered an oath.

Step 5: Hearing the Defence (Section 277 BNSS)

The accused is then called upon to lead their defence evidence. The accused may examine themselves as a witness in accordance with Section 353 of the BNSS (giving evidence on oath) or summon defence witnesses and documentary proof.

Step 6: Final Arguments and Judgment (Section 278 BNSS)

Once evidence on both sides is concluded, the Magistrate hears final oral arguments from both parties:

Acquittal: If the Magistrate finds the accused not guilty upon appreciating the evidence, an order of acquittal is recorded.
Conviction: If the Magistrate finds the accused guilty, they pass sentence according to law, subject to hearing the accused on the question of sentence where required (or releasing them on probation under Section 401 of the BNSS or the Probation of Offenders Act, 1958).

Special Powers and Contingencies in Summons Cases

The BNSS preserves crucial discretionary powers to prevent abuse of court process and unnecessary delays:

1. Non-Appearance or Death of the Complainant (Section 279 BNSS)

In private complaint cases, if the complainant fails to appear on the appointed day after summons has been issued, the Magistrate has three options:

Acquit the accused, unless the hearing is adjourned for valid reasons.
Dispense with personal attendance if the complainant is represented by an advocate or if their attendance is not essential.
In the event of the complainant's death, allow a legal representative or public officer to conduct the prosecution.

2. Withdrawal of Complaint (Section 280 BNSS)

If a complainant satisfies the Magistrate that there are sufficient grounds for permitting the withdrawal of the complaint at any time before final orders are passed, the Magistrate may permit the withdrawal and acquit the accused.

3. Power to Stop Proceedings (Section 281 BNSS)

In summons cases instituted otherwise than upon a complaint (such as police reports):

A Judicial Magistrate First Class (or Chief Judicial Magistrate) may, for reasons recorded in writing, stop the proceedings at any stage without pronouncing judgment.
If proceedings are stopped after the principal witnesses have been examined, the order has the effect of an acquittal; if stopped before that stage, it operates as a discharge.

4. Conversion of Summons Case into Warrant Case (Section 282 BNSS)

If, during the trial of an offence punishable with imprisonment exceeding six months, the Magistrate is of the opinion that in the interest of justice the case ought to be tried as a warrant case, the court can rehear the case in the manner provided for warrant cases.

Practical Differences: CrPC 1973 vs. BNSS 2023

Stage / Feature	CrPC, 1973	BNSS, 2023
Governing Chapter	Chapter XX (Sections 251–259)	Chapter XXI (Sections 274–282)
Stating the Substance	Section 251	Section 274
Electronic Processes	Limited / Discretionary	Formally integrated for summons, evidence, and appearance
Witness Deposition	Physical attendance standard	Provision for audio-video evidence and digital authentication

Frequently Asked Questions (FAQs)

1. Does the Magistrate frame a formal charge in a summons case under BNSS?

No. Under Section 274 of the BNSS, the Magistrate does not frame a formal, written charge sheet. The court only states the substance of the accusation to the accused orally or in writing and records their plea.

2. Can a summons case be converted into a warrant case?

Yes. Under Section 282 of the BNSS, if the offence carries an imprisonment term exceeding six months, the Magistrate may convert the trial into a warrant procedure if it is deemed necessary in the interest of justice.

3. What happens if the complainant does not appear in a private summons case?

Under Section 279 of the BNSS, the Magistrate has the power to dismiss the complaint and acquit the accused due to the complainant's default, provided the complainant's presence was necessary and no adjournment was granted.

4. Can an accused plead guilty electronically without going to court?

Under Section 276 read with Section 229 of the BNSS, for petty offences where special summons are issued, an accused can submit a plea of guilty by post, authorized advocate, or designated electronic channels along with the fine amount.

Navigating Criminal Proceedings with APS Law

Whether you are facing proceedings in a private complaint or defending an accusation before a Metropolitan Magistrate or Judicial Magistrate First Class in Mumbai, Thane, or Mira Road, procedural precision under the new BNSS, 2023 is critical.

At APS Law, our criminal litigation team assists clients at every stage—from responding to summons and bail representation to trial advocacy and compounding of compoundable offences.

For tailored legal assistance or to discuss your ongoing matter, contact APS Law today to schedule a consultation.