CALL FOR PAPERSVolume 3Issue 1Submit Research
Criminal LawResearch ArticleOPEN ACCESSPEER REVIEWED

Summary Trials Under The BNSS: Finding The Balance Between Speed And Fairness

Volume
3
Issue
1
Pages
1066-1070
Published
Oct 2026
0
0
2
PDF Preview1066-1070
Loading preview…

Abstract

Summary trials are meant to resolve less serious criminal cases through a shorter procedure and a simpler record, so that courts are not burdened with long trials where the facts are uncomplicated. This paper examines the summary trial provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 283 to 288), which came into force on 1 July 2024. It explains which offences may be tried summarily under Section 283, including the wider category of offences punishable with imprisonment of up to three years, and the safeguards built into the chapter, such as the three-month ceiling on imprisonment under Section 285 and the recording and reasoned-judgment requirements of Sections 286 and 287. The paper discusses the Supreme Court's decisions in SEBI v. S. K. Shelgikar and Hussainara Khatoon v. State of Bihar to show that speedy trial is part of Article 21 but cannot be pursued at the cost of a fair hearing. It argues that choosing the correct procedure is as important as finishing cases quickly, and that summary trials can ease pendency only when used where they genuinely fit.

Authors
PV
P. Varsha
Keywords
Summary TrialsBNSSSpeedy TrialFair TrialArticle 21Criminal ProcedureMagistratesCase Pendency
References
No references listed.

Related Research