Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 283

BNSS 283: earlier CrPC 260(1) and 260(2)

Section 283 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Sections 260(1) and 260(2) of the Code of Criminal Procedure, 1973. BNSS 283 deals with power to try summarily. The NCRB table marks it as changed. Compare the wording below. part of it is new. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024.

Bharatiya Nagarik Suraksha Sanhita

BNSS 283 was CrPC 260(1) and 260(2).

Power to try summarily. · The NCRB table marks it as changed. Compare the wording below. part of it is new.

Modified
13% of the old wording kept
Old · CrPC 1973 · Ch. XXI
s. 260(1)of section 260
Power to try summarily
(1) Notwithstanding anything contained in this Code—
(a) any Chief Judicial Magistrate;
(b) any Metropolitan Magistrate;
(c) any Magistrate of the first class specially empowered in this behalf by the High Court, may, if he thinks fit, try in a summary way all or any of the following offences:—
(i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
(ii) theft, under section 379, section 380 or section 381 of the Indian Penal Code (45 of 1860), where the value of the property stolen does not exceed 1[two thousand rupees];
(iii) receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860), where the value of the property does not exceed 1[two thousand rupees];
(iv) assisting in the concealment or disposal of stolen property, under section 414 of the Indian Penal Code (45 of 1860), where the value of such property does not exceed 1[two thousand rupees];
(v) offences under sections 454 and 456 of the Indian Penal Code (45 of 1860);
(vi) insult with intent to provoke a breach of the peace, under section 504, and 1[criminal intimidation punishable with imprisionment for a term which may extend to two years, or with fine, or with both], under section 506 of the Indian Penal Code (45 of 1860);
(vii) abetment of any of the foregoing offences;
(viii) an attempt to commit any of the foregoing offences, when such attempt is an offence;
(ix) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871).
Text from the official India Code PDF
New · BNSS 2023 · Ch. XXII
s. 283(2)of section 283
Power to try summarily.
(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.
Text from India Code

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