Streamlining Justice

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) represents a paradigm shift in the procedural framework of criminal justice in India, replacing the erstwhile Code of Criminal Procedure, 1973. Among its numerous reforms, the BNSS has streamlined the trial process for summons-cases, reflecting the legislature’s intent to ensure swifter and more efficient adjudication of minor offences. Summons-cases, characterized by their relatively lesser gravity and limited penal consequences, encompass offences punishable with imprisonment not exceeding two years or other less severe penalties.

The procedure for trying summons-cases by Magistrates is designed to balance efficiency with fairness, minimising procedural complexities without compromising the rights of the accused or the complainant. Provisions under the BNSS detail a simplified approach, including the dispensing of formal charges, options for pleading guilty remotely, and mechanisms for handling instances of non-appearance or withdrawal of complaints. Furthermore, the BNSS incorporates safeguards against arbitrary or unjust proceedings, empowering Magistrates to dismiss groundless accusations, stop proceedings in suitable cases, or even convert summons-cases into warrant-cases when warranted by justice. This article explores the salient features of the trial of summons-cases under the BNSS, 2023, examining each procedural step, its rationale, and its practical implications. It seeks to provide an in-depth understanding of how these provisions aim to enhance judicial efficiency while ensuring due process for all parties involved.

What is the procedure when an accused appears before a Magistrate in a summons-case?

When an accused appears or is brought before a Magistrate in a summons-case, the following procedure is followed:

• The particulars of the offence are stated to the accused.
• The accused is asked whether they plead guilty or have any defence.
• It is not necessary to frame a formal charge.
• If the Magistrate considers the accusation groundless, they must record the reasons in writing and release the accused. Such a release has the effect of a discharge.

What happens if the accused pleads guilty in a summons-case?

If the accused pleads guilty, the Magistrate:

• Records the plea as nearly as possible in the words used by the accused.
• May, at their discretion, convict the accused based on the plea.

Can a Magistrate convict an accused in their absence in petty cases? If so, how?

Yes, in petty cases, a Magistrate may convict an accused in their absence if a summons was issued and the accused sends a letter to the Magistrate by post or messenger, containing their plea of guilty and the fine amount specified in the summons, or, an authorised advocate pleads guilty on behalf of the accused. In such cases:

• The Magistrate may convict the accused in their absence, record the plea, and sentence them to pay the fine specified.
• The fine amount transmitted by the accused is adjusted towards the sentence.

What is the procedure if the accused is not convicted under the plea of guilty?

If the Magistrate does not convict the accused under the plea of guilty, the Magistrate proceeds to:

• Hear the prosecution and take evidence supporting the prosecution.
• Hear the accused and take evidence in their defence.
• The Magistrate may summon witnesses or require document production on the application of either party.
• Before summoning, the Magistrate may require reasonable expenses for the witness to be deposited in the court.

What happens after evidence is taken in a summons-case?

After taking the evidence:

• If the Magistrate finds the accused not guilty, they record an order of acquittal.
• If the Magistrate finds the accused guilty, they pass a sentence according to law.
• The Magistrate can convict the accused of any offence triable under the Chapter of Trial of Summons-Cases by Magistrates, based on admitted or proved facts, ensuring it does not prejudice the accused.

What is the procedure if the complainant does not appear?

If the complainant does not appear on the scheduled day or an adjourned date:

• The Magistrate gives the complainant 30 days to appear.
• If the complainant still does not appear, the Magistrate acquits the accused, unless there is a valid reason to adjourn further.
• If the complainant’s presence is deemed unnecessary or they are represented by an advocate or prosecutor, the Magistrate may proceed without the complainant’s attendance.
• If the non-appearance is due to the complainant’s death, the same procedure applies.

Can a complainant withdraw their complaint?

Yes, the complainant may withdraw the complaint before a final order is passed if:

• The Magistrate is satisfied with the grounds for withdrawal.
• The Magistrate permits the withdrawal.
• Upon withdrawal, the accused is acquitted for the relevant complaint.

Does a Magistrate have the power to stop proceedings?

Yes, in summons-cases not based on a complaint, a Magistrate of the first class or another Judicial Magistrate with the Chief Judicial Magistrate’s sanction may stop proceedings if:

• Reasons are recorded for stopping the proceedings.
• If proceedings are stopped after recording evidence of principal witnesses, the Magistrate must pronounce a judgment of acquittal.
• In other cases, the accused is released, and such release has the effect of a discharge.

Can a Magistrate convert a summons-case into a warrant-case?

Yes, a Magistrate may convert a summons-case into a warrant-case if:

• The offence is punishable with imprisonment exceeding six months.
• It appears necessary for the interests of justice.
• The Magistrate can rehear the case following the procedure for warrant-cases and may recall witnesses already examined.

Therefore, the trial of summons-cases under the Bharatiya Nagarik Suraksha Sanhita, 2023 exemplifies a pragmatic approach to criminal justice administration, catering to the need for expeditious resolution of minor offences. The streamlined procedures, from the recording of the accused’s plea to the provisions for acquittal or conviction, reflect a conscious effort to reduce procedural delays and alleviate the burden on courts while safeguarding the principles of justice and fair trial.

By empowering Magistrates with discretionary powers to adapt proceedings in the interest of justice, whether by dismissing baseless complaints, facilitating remote pleas, or converting summons-cases into warrant-cases, the BNSS seeks to create a dynamic and responsive judicial process. At the same time, provisions ensuring the accused’s rights, such as the requirement for a reasoned discharge or the facilitation of adequate defence opportunities, underscore the statute’s commitment to upholding due process. The BNSS represents not just a statutory overhaul but a step towards a more balanced and effective criminal justice system. As these provisions have come into practice, their impact on reducing case backlogs, enhancing judicial efficiency, and delivering timely justice will serve as a measure of their success in aligning legal procedures with the needs of a modern and evolving society.

 Muneeb Rashid Malik is an Advocate practicing before the Hon’ble Supreme Court of India, Hon’ble High Court of Delhi and Hon’ble High Court of Jammu & Kashmir and Ladakh. He is the Legal Advisor to Kashmir Uzma. He tweets @muneebmalikrash.