Section 282 BNSS: Power of Court to convert summons-cases into warrant-cases

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 282 BNSS at a Glance

Section 282 BNSS deals with power of Court to convert summons-cases into warrant-cases. It replaced Section 259 CrPC on 1 July 2024.

Was CrPC

Section 259 →

Section 282 BNSS Bare Act Text

282. Power of Court to convert summons-cases into warrant-cases

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.

Source: Section 282, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 282 BNSS in Simple Words

Section 282 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power of the Court to convert summons-cases into warrant-cases.

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.

When Section 282 BNSS Applies

  • Section 282 BNSS applies when, in the course of the trial of a summons-case, it appears to the Magistrate that the offence should be tried in accordance with the procedure for the trial of warrant-cases.
  • Section 282 BNSS applies to a summons-case relating to an offence punishable with imprisonment for a term exceeding six months.
  • Section 282 BNSS applies when 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.
  • In that case the Magistrate may proceed to re-hear the case in the manner provided by the Sanhita for the trial of warrant-cases.
  • The Magistrate may also recall any witness who may have been examined.

Example of Section 282 BNSS

Meera is on trial before a Magistrate in a summons-case relating to an offence punishable with imprisonment for a term exceeding six months. Kavita has been examined as a witness. In the course of the trial, 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. Under Section 282 BNSS, the Magistrate may proceed to re-hear the case against Meera in the manner provided by the Sanhita for the trial of warrant-cases and may recall Kavita.

When Section 282 BNSS Does Not Apply

  • Section 282 BNSS speaks of converting a summons-case into a warrant-case. It does not deal with the power to stop proceedings in certain cases, which is the subject of Section 281 BNSS.
  • Section 282 BNSS speaks of re-hearing a case in the manner provided for the trial of warrant-cases. It does not deal with the power to try summarily, which is the subject of Section 283 BNSS.

Section 282 BNSS in the CrPC (Previous Law)

Section 282 BNSS replaces Section 259 CrPC from the old criminal code.

From 1 July 2024, Section 259 of the Code of Criminal Procedure, 1973 is replaced by Section 282 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading is the same. Section 282 BNSS reads the manner provided by this Sanhita for the trial of warrant-cases where Section 259 CrPC read the manner provided by this Code for the trial of warrant-cases. The rest of the text is the same.

View CrPC Section 259 →

FAQs on Section 282 BNSS

When may a Magistrate re-hear a summons-case as a warrant-case under Section 282 BNSS?▼

Under Section 282 BNSS, 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, the Magistrate may proceed to re-hear the case in the manner provided by the Sanhita for the trial of warrant-cases.

Which summons-cases are covered by Section 282 BNSS?▼

Section 282 BNSS covers a summons-case relating to an offence punishable with imprisonment for a term exceeding six months.

Can the Magistrate recall a witness under Section 282 BNSS?▼

Yes. Under Section 282 BNSS, the Magistrate may recall any witness who may have been examined, when proceeding to re-hear the case in the manner provided by the Sanhita for the trial of warrant-cases.

What changed from Section 259 CrPC to Section 282 BNSS from 1 July 2024?▼

From 1 July 2024, Section 282 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 259 of the Code of Criminal Procedure, 1973. The heading is the same. Section 282 BNSS reads the manner provided by this Sanhita for the trial of warrant-cases where Section 259 CrPC read the manner provided by this Code for the trial of warrant-cases. The rest of the text is the same.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·