Criminal Procedure: Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
Trial of Summons Cases Sections 274 to 282
Trial of Summons Cases by Magistrates: Chapter XXI of the BNSS, 2023, Sections 274 to 282, the Plea, the Complainant’s Absence, Withdrawal and Conversion
A summons case is defined negatively: it is a case relating to an offence not being a warrant case, and a warrant case is one punishable with death, imprisonment for life, or imprisonment for a term exceeding two years. A summons case is therefore one in which the maximum sentence is two years or less, and a very large proportion of criminal cases in India fall into it.
Chapter XXI accordingly strips the procedure down. There is no formal charge; the particulars of the offence are stated and the accused is asked to plead. There is no discharge. The record is a memorandum rather than a full transcript. And the chapter supplies four ways in which the case may end early: the complainant’s absence, the withdrawal of the complaint, the stopping of proceedings, and — going the other way — conversion into a warrant case where the matter turns out to be more serious than it appeared.
1. The Procedure
Figure 1: The trial, and the four early endings
Sections 274 and 275, BNSS 2023 Section 274. When in a summons case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge. Section 275. If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon. |
⚠ Why the plea is recorded in the accused’s own words Section 275 does not permit the Magistrate to record his conclusion that the accused pleaded guilty. It requires the words the accused used to be set down, as nearly as possible. The reason is that an admission recorded in the court’s language may not be an admission at all. “I was there but I did not do it” is not a plea of guilty; nor is “I will pay the fine”; nor is a plea to a set of particulars the accused did not understand. The discretion in the second limb matters for the same reason. The Magistrate may convict on the plea; he is not bound to. Where the words recorded do not amount to an unqualified admission of every ingredient of the offence, he should enter a plea of not guilty and try the case. |
Provision | Content |
|---|---|
Section 276 | Conviction on a plea of guilty in the absence of the accused, in petty cases. Where a special summons has been issued under section 229 and the accused desires to plead guilty without appearing, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and the amount of the fine specified in the summons. The Magistrate may, in his discretion, convict him in his absence on the plea and sentence him to the fine. An accused who pleads through an advocate may also be dealt with under the section |
Section 277 | Procedure where the accused is not convicted on a plea. The Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of it, and also to hear the accused and take all such evidence as he produces in his defence. He may issue a summons to any witness on the application of either party, and may require that the reasonable expenses of the witness be deposited |
Section 278 | Acquittal or conviction. If the Magistrate finds the accused not guilty, he shall record an order of acquittal. If he finds him guilty, he shall pass sentence according to law, after hearing him on the question of sentence, unless he proceeds under the provisions for release on probation or after admonition |
2. Attendance of the Accused
📖 Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd., (2001) 7 SCC 401 Facts: In a summons case the accused, a company and its officers situated far from the court, applied to be exempted from personal attendance and to be permitted to appear through an advocate. The question was the extent of the Magistrate’s power to dispense with personal attendance, and when he should exercise it. Held: The Supreme Court held that the power to dispense with the personal attendance of the accused is a real power and should be exercised liberally in a summons case, particularly where the accused resides far from the court or where his personal presence serves no purpose at the stage in question. The Court held that a Magistrate may permit the accused to appear through his advocate, may require his personal presence only at the stages at which it is genuinely necessary — such as the recording of the plea, the examination of the accused, and the passing of sentence — and may take the plea and the examination through the advocate where that is practicable. It observed that insisting on personal attendance at every hearing in a minor case is itself a punishment disproportionate to the offence, and that the court should have regard to the nature of the offence, the distance, and the conduct of the accused in deciding the question. Ratio: The power to dispense with personal attendance in a summons case should be exercised liberally. Insisting on attendance at every hearing in a minor case is itself a punishment out of proportion to the offence. |
The decision should be read with section 228, which permits the Magistrate to dispense with personal attendance and to permit appearance by an advocate, subject to his discretion to direct personal attendance at any later stage; and with section 229, which permits a special summons in a petty case under which the accused may plead guilty by post without appearing at all. The three together make it possible for a very large number of minor cases to be disposed of without the accused ever attending court.
3. The Four Early Endings
3.1 Non-appearance or death of the complainant: section 279
Section 279, BNSS 2023 (1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by an advocate or by the officer conducting the prosecution, or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. (2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death. |
📖 S. Anand v. Vasumathi Chandrasekar, (2008) 4 SCC 67 Facts: A summons case on a complaint was dismissed and the accused acquitted on a day on which the complainant did not appear, the Magistrate proceeding at once to acquit under the provision dealing with the complainant’s non-appearance. The question was whether the power to acquit on non-appearance is to be exercised mechanically, and what the Magistrate should consider. Held: The Court held that the power to acquit on the complainant’s non-appearance is discretionary and not mandatory: the section itself permits the Magistrate to adjourn the hearing where he thinks it proper, and to dispense with the complainant’s attendance where he is represented or where his personal presence is unnecessary. The Court held that the discretion must be exercised judicially, having regard to the stage of the case, the reason for the absence so far as it appears, and whether the complainant’s presence was in fact needed on that day; an acquittal recorded on a single absence, without considering those matters, is not a proper exercise of the power. It emphasised that an order under the section operates as an acquittal, with the consequences that follow, and is therefore not to be made as a matter of course. Ratio: The power to acquit on the complainant’s non-appearance is discretionary and must be exercised judicially. The Magistrate may adjourn, or dispense with attendance where the complainant is represented or his presence is unnecessary. |
3.2 The other three
Provision | Content | Effect |
|---|---|---|
Section 280 | Withdrawal of the complaint. If a complainant, at any time before a final order is passed, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same | The withdrawal operates as an acquittal of the accused against whom the complaint is so withdrawn |
Section 281 | Power to stop proceedings. In any summons case instituted otherwise than upon complaint, a Magistrate of the first class, or with the previous sanction of the Chief Judicial Magistrate any other Judicial Magistrate, may, for reasons to be recorded, stop the proceedings at any stage without pronouncing any judgment | Where the proceedings are stopped after the evidence of the principal witnesses has been recorded, it amounts to an acquittal; in any other case, a discharge |
Section 282 | Conversion into a warrant case. 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 warrant-case procedure, he may recall any witness who may have been examined and proceed to re-hear the case in that manner | The case proceeds thereafter as a warrant case, with a formal charge |
⚠ Three distinctions in these sections Section 281 applies only to a case instituted otherwise than upon complaint. Where the case is on a complaint, the Magistrate cannot stop the proceedings under it; the complainant may withdraw under section 280, or the case may end under section 279. The effect of stopping under section 281 depends on the stage. After the evidence of the principal witnesses has been recorded, it is an acquittal; before that, a discharge. The difference matters, because an acquittal bars a fresh proceeding and a discharge does not. Section 282 is the only conversion provision, and it runs one way. A summons case may become a warrant case where the offence exceeds six months and the interests of justice require it; a warrant case is not converted into a summons case. And the conversion requires the witnesses to be recalled and the case reheard, because the warrant procedure requires a charge which did not exist. |
4. Summons, Warrant and Summary Trials
Figure 2: The ladder of formality
The three trial procedures form a graduated scale. The warrant trial is the most elaborate: a formal charge, a discharge stage, a full record. The summons trial dispenses with the charge and with discharge, and records a memorandum of the substance of the evidence. The summary trial dispenses in addition with the full record and the full judgment, and pays for those relaxations with a cap of three months on the sentence.
Summons case | Warrant case | |
|---|---|---|
Definition | A case relating to an offence not being a warrant case: section 2(1)(x) | A case relating to an offence punishable with death, imprisonment for life, or imprisonment exceeding two years: section 2(1)(z) |
Charge | No formal charge; the particulars are stated: section 274 | A formal written charge: sections 263 and 269 |
Discharge | None. The Magistrate may stop proceedings under section 281 in a case not on complaint | Yes: sections 262 and 268 |
Plea | Recorded in the words used by the accused: section 275 | Recorded, and the accused may be convicted on it: section 264 |
Complainant’s absence | Section 279: the Magistrate may acquit | Section 272: the Magistrate may discharge before the charge, in a compoundable or non-cognizable case |
Withdrawal | Section 280: with the Magistrate’s permission; operates as an acquittal | Section 360 for withdrawal from prosecution by the Public Prosecutor |
Conversion | Section 282: may become a warrant case | Not converted into a summons case |
5. Key Takeaways
The position stated shortly 1. A summons case is one relating to an offence not being a warrant case — that is, punishable with two years or less. 2. Section 274: the particulars of the offence are stated to the accused and he is asked whether he pleads guilty or has any defence; no formal charge is framed. 3. Section 275: a plea of guilty is recorded as nearly as possible in the words used by the accused, and the Magistrate may in his discretion convict on it. The discretion is real. 4. Section 276: where a special summons has issued under section 229, the accused may plead guilty by post and remit the fine, and may be convicted in his absence. 5. Section 277: where he is not convicted on a plea, the Magistrate hears the prosecution and the defence and takes all the evidence each produces. 6. Section 228 permits personal attendance to be dispensed with, and the power should be exercised liberally in a summons case; insisting on attendance at every hearing in a minor case is itself disproportionate: Bhaskar Industries. 7. Section 279: on the complainant’s non-appearance the Magistrate may acquit — but the power is discretionary, and he may adjourn, or dispense with attendance where the complainant is represented or his presence is unnecessary: S. Anand. 8. Section 280: a complaint may be withdrawn with the Magistrate’s permission, and the withdrawal operates as an acquittal. 9. Section 281: in a summons case not instituted upon complaint, the Magistrate may, for reasons recorded, stop the proceedings. After the evidence of the principal witnesses, that is an acquittal; before, a discharge. 10. Section 282: where the offence is punishable with imprisonment exceeding six months and the interests of justice require it, the Magistrate may recall the witnesses and rehear the case as a warrant case. |
6. Frequently Asked Questions
What is a summons case?
A case relating to an offence not being a warrant case: section 2(1)(x). Since a warrant case is one punishable with death, imprisonment for life or imprisonment exceeding two years, a summons case is one in which the maximum sentence is two years or less.
Is a charge framed in a summons case?
No. Section 274 requires the particulars of the offence to be stated to the accused and him to be asked whether he pleads guilty or has any defence, and expressly provides that it is not necessary to frame a formal charge.
How must a plea of guilty be recorded?
As nearly as possible in the words used by the accused: section 275. The Magistrate may then in his discretion convict him on it, and where the words recorded do not amount to an unqualified admission of every ingredient, he should try the case.
Can an accused plead guilty without attending court?
Yes, in a petty case where a special summons has been issued under section 229. Under section 276 he may transmit a letter containing his plea and the amount of the fine, and the Magistrate may convict him in his absence and sentence him to the fine.
What happens if the complainant does not appear?
Section 279 permits the Magistrate to acquit the accused, but the power is discretionary. He may adjourn where he thinks it proper, and must dispense with attendance where the complainant is represented by an advocate or the prosecuting officer, or where personal attendance is unnecessary: S. Anand v. Vasumathi Chandrasekar.
Can a summons case be tried as a warrant case?
Yes. Section 282 permits the Magistrate, where the offence is punishable with imprisonment exceeding six months and it appears that in the interests of justice the warrant procedure should be followed, to recall any witness already examined and rehear the case in that manner.
Related Topics
- Trial of Warrant Cases: Sections 261 to 273, BNSS
- Summary Trials: Sections 283 to 288, BNSS
- Charge and Notice of Accusation Compared
- Commencement of Proceedings: Sections 227 to 233, BNSS
- Summons Case and Warrant Case under the BNSS, 2023
- Compounding of Offences under the BNSS, 2023