Law & Life

  SUMMARY TRIAL UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 1. Introduction A Summary Trial is an abbreviated and expedited judicial proceeding intended for the speedy disposal of minor and less serious criminal offences. Unlike an ordinary criminal trial, where formal procedures, detailed recording of evidence and elaborate judgments may consume considerable time, a summary trial follows a simplified procedure while retaining the basic principles of natural justice and fair trial. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) , the provisions relating to summary trials are contained in Chapter XXII, Sections 283 to 288 . The main object of the procedure is to reduce the burden of pending criminal cases, avoid unnecessary incarceration in minor cases and provide speedy and economical justice. 2. Definition and Scope The expression “Summary Trial” is not separately defined in the definition clause of the BNSS. It refers to a shortened form of criminal trial in w...

PLEA BARGAINING UNDER BNSS, 2023 1. Introduction Plea Bargaining is a pre-trial judicial mechanism through which an accused and the prosecution or complainant may negotiate a mutually satisfactory settlement of a criminal case, subject to the supervision of the Court. It was introduced to reduce the burden of pending criminal cases, avoid unnecessary pre-trial detention, ensure speedy disposal of cases and provide compensation to victims. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) , plea bargaining is governed by Chapter XXIII, Sections 289 to 300 . The BNSS provides a structured and time-bound procedure for filing the application, examining the voluntariness of the accused, negotiating a mutually satisfactory disposition, awarding compensation and determining the sentence. 2. Scope and Applicability Under Section 289(1) , plea bargaining applies where: A police report has been forwarded under Section 193 , alleging an offence punishable with imprisonment for a term up ...