Section 283 BNSS: Power to try summarily
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 283 BNSS at a Glance
Section 283 BNSS deals with power to try summarily. It replaced Section 260 CrPC on 1 July 2024.
Section 283 BNSS Bare Act Text
(1) Notwithstanding anything contained in this Sanhita—
(a) any Chief Judicial Magistrate;
(b) Magistrate of the first class, shall try in a summary way all or any of the following offences:—
(i) theft, under sub-section (2) of section 303, section 305 or section 306 of the Bharatiya Nyaya Sanhita, 2023 where the value of the property stolen does not exceed twenty thousand rupees;
(ii) receiving or retaining stolen property, under sub-section (2) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees;
(iii) assisting in the concealment or disposal of stolen property under sub-section (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees;
(iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023;
(v) insult with intent to provoke a breach of the peace, under section 352, and criminal intimidation, under sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023;
(vi) abetment of any of the foregoing offences;
(vii) an attempt to commit any of the foregoing offences, when such attempt is an offence;
(viii) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871.
(2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years:
Provided that no appeal shall lie against the decision of a Magistrate to try a case in a summary way under this sub-section.
(3) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Sanhita.
Source: Section 283, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 283 BNSS in Simple Words
Section 283 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power to try summarily. Notwithstanding anything contained in the Sanhita, any Chief Judicial Magistrate and any Magistrate of the first class shall try in a summary way all or any of the following offences. Section 283(1)(i) BNSS covers theft under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, Section 305 BNS or Section 306 BNS, when the stolen property is worth no more than twenty thousand rupees. Section 283(1)(ii) BNSS covers receiving or retaining stolen property under Section 317(2) BNS, when the property is worth no more than twenty thousand rupees. Section 283(1)(iii) BNSS covers assisting in the concealment or disposal of stolen property under Section 317(5) BNS, when that property is worth no more than twenty thousand rupees. Section 283(1)(iv) BNSS covers offences under Section 331(2) BNS and Section 331(3) BNS.
Section 283(1)(v) BNSS covers insult with intent to provoke a breach of the peace under Section 352 BNS. It also covers criminal intimidation under Section 351(2) BNS and Section 351(3) BNS. Section 283(1)(vi) BNSS covers abetment of any offence in Section 283(1)(i) BNSS to Section 283(1)(v) BNSS. Section 283(1)(vii) BNSS covers an attempt to commit any of those offences, when such attempt is itself an offence. Section 283(1)(viii) BNSS covers any offence made up of an act for which a complaint may be made under section 20 of the Cattle-trespass Act, 1871. Under Section 283(2) BNSS, the Magistrate may try in a summary way any offence that is not punishable with death or imprisonment for life, and not with imprisonment of more than three years.
The Magistrate may do so only after giving the accused a reasonable opportunity of being heard, and for reasons to be recorded in writing. The proviso to Section 283(2) BNSS says that no appeal shall lie against the decision of a Magistrate to try a case in a summary way under that sub-section. Section 283(3) BNSS applies when, during a summary trial, the Magistrate finds that the case is of a nature that makes a summary trial undesirable. The Magistrate shall then recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by the Sanhita.
When Section 283 BNSS Applies
- Under Section 283(1) BNSS, any Chief Judicial Magistrate and a Magistrate of the first class shall try in a summary way all or any of the offences listed in Section 283(1) BNSS.
- Under Section 283(1)(i) BNSS, the offences include theft under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, Section 305 of the Bharatiya Nyaya Sanhita, 2023 or Section 306 of the Bharatiya Nyaya Sanhita, 2023, where the value of the property stolen does not exceed twenty thousand rupees.
- Under Section 283(1)(ii) BNSS, the offences include receiving or retaining stolen property under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees.
- Under Section 283(1)(iii) BNSS, the offences include assisting in the concealment or disposal of stolen property under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees.
- Under Section 283(1)(iv) BNSS, the offences include offences under Section 331(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 331(3) of the Bharatiya Nyaya Sanhita, 2023.
- Under Section 283(1)(v) BNSS, the offences include insult with intent to provoke a breach of the peace under Section 352 of the Bharatiya Nyaya Sanhita, 2023, and criminal intimidation under Section 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 351(3) of the Bharatiya Nyaya Sanhita, 2023.
- Under Section 283(1)(vi) BNSS and Section 283(1)(vii) BNSS, the offences include abetment of any of the foregoing offences, and an attempt to commit any of the foregoing offences, when such attempt is an offence.
- Under Section 283(1)(viii) BNSS, the offences include any offence constituted by an act in respect of which a complaint may be made under Section 20 of the Cattle-trespass Act, 1871.
- Under Section 283(2) BNSS, the Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years.
- Under the proviso to Section 283(2) BNSS, no appeal shall lie against the decision of a Magistrate to try a case in a summary way under Section 283(2) BNSS.
- Under Section 283(3) BNSS, when in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by the Sanhita.
Example of Section 283 BNSS
When Section 283 BNSS Does Not Apply
- Section 283 BNSS speaks of the power to try offences in a summary way. It does not deal with summary trial by a Magistrate of second class, which is the subject of Section 284 BNSS.
- Section 283 BNSS speaks of which Magistrates shall or may try offences in a summary way and which offences. It does not deal with procedure for summary trials, which is the subject of Section 285 BNSS.
Section 283 BNSS in the CrPC (Previous Law)
Section 283 BNSS replaced Section 260 CrPC from 1 July 2024.
From 1 July 2024, Section 260 of the Code of Criminal Procedure, 1973 is replaced by Section 283 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading is the same. Section 283(1) BNSS lists a Chief Judicial Magistrate and a Magistrate of the first class and reads shall try in a summary way, where Section 260(1) CrPC listed a Chief Judicial Magistrate, a Metropolitan Magistrate and a Magistrate of the first class specially empowered in this behalf by the High Court and read may, if he thinks fit, try in a summary way. Section 283(1) BNSS has no counterpart to Section 260(1)(i) CrPC. Section 283(1) BNSS reads twenty thousand rupees where Section 260(1) CrPC read two thousand rupees, and cites the Bharatiya Nyaya Sanhita, 2023 where Section 260(1) CrPC cited the Indian Penal Code. Section 283(1) BNSS reads this Sanhita where Section 260(1) CrPC read this Code. Section 283(2) BNSS and its proviso have no counterpart in Section 260 CrPC. Section 283(3) BNSS reads the Sanhita where Section 260(2) CrPC read the Code.
Each sub-section below names its own source.
FAQs on Section 283 BNSS
Which Magistrates shall try offences in a summary way under Section 283 BNSS?▼
Under Section 283(1) BNSS, any Chief Judicial Magistrate and a Magistrate of the first class shall try in a summary way all or any of the offences listed in Section 283(1) BNSS.
What value of property applies to theft and stolen property offences under Section 283(1) BNSS?▼
Under Section 283(1)(i) BNSS, Section 283(1)(ii) BNSS and Section 283(1)(iii) BNSS, the value of the property stolen, or of the property, or of such property, does not exceed twenty thousand rupees. These items cover theft under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, Section 305 of the Bharatiya Nyaya Sanhita, 2023 or Section 306 of the Bharatiya Nyaya Sanhita, 2023, receiving or retaining stolen property under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023, and assisting in the concealment or disposal of stolen property under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023.
What does Section 283(2) BNSS say about offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years?▼
Under Section 283(2) BNSS, the Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years. Under the proviso to Section 283(2) BNSS, no appeal shall lie against the decision of a Magistrate to try a case in a summary way under Section 283(2) BNSS.
What changed from Section 260 CrPC to Section 283 BNSS from 1 July 2024?▼
From 1 July 2024, Section 283 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 260 of the Code of Criminal Procedure, 1973. The heading is the same. Section 283(1) BNSS reads that a Chief Judicial Magistrate and a Magistrate of the first class shall try in a summary way the listed offences, where Section 260(1) CrPC read that a Chief Judicial Magistrate, a Metropolitan Magistrate or a Magistrate of the first class specially empowered in this behalf by the High Court may, if the Magistrate thinks fit, try them. Section 283(1) BNSS has no counterpart to Section 260(1)(i) CrPC, which read offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Section 283(1) BNSS reads twenty thousand rupees where Section 260(1) CrPC read two thousand rupees, and cites the Bharatiya Nyaya Sanhita, 2023 where Section 260(1) CrPC cited the Indian Penal Code. Section 283(1) BNSS reads this Sanhita where Section 260(1) CrPC read this Code. Section 283(2) BNSS and its proviso have no counterpart in Section 260 CrPC. Section 283(3) BNSS reads the Sanhita where Section 260(2) CrPC read the Code.
Section 283 BNSS: Sub-sections Explained
Section 283(1) BNSS: Power to try summarily
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Bare Act Text
(1) Notwithstanding anything contained in this Sanhita—
(a) any Chief Judicial Magistrate;
(b) Magistrate of the first class, shall try in a summary way all or any of the following offences:—
(i) theft, under sub-section (2) of section 303, section 305 or section 306 of the Bharatiya Nyaya Sanhita, 2023 where the value of the property stolen does not exceed twenty thousand rupees;
(ii) receiving or retaining stolen property, under sub-section (2) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees;
(iii) assisting in the concealment or disposal of stolen property under sub-section (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees;
(iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023;
(v) insult with intent to provoke a breach of the peace, under section 352, and criminal intimidation, under sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023;
(vi) abetment of any of the foregoing offences;
(vii) an attempt to commit any of the foregoing offences, when such attempt is an offence;
(viii) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871.
Section 283(2) BNSS: Power to try summarily
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Bare Act Text
(2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years:
Provided that no appeal shall lie against the decision of a Magistrate to try a case in a summary way under this sub-section.
Section 283(3) BNSS: Power to try summarily
▶
Bare Act Text
(3) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Sanhita.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·