Section 286 of BNSS, 2023 — Record in Summary Trials

Introduction

Section 286 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes the manner in which the record of proceedings is to be maintained in a summary trial.

Since summary trials are intended to follow a simplified procedure, the law provides for a concise record containing the essential particulars of the case, rather than the detailed record ordinarily maintained in a regular trial.

Meaning of Record in Summary Trials

A summary trial does not require the Magistrate to maintain the same elaborate record as in an ordinary criminal trial.

Instead, Section 286 requires the Magistrate to make a record containing the essential particulars of the proceedings.

The record provides a formal account of the case and enables the Court to preserve the important facts, evidence and findings relevant to the decision.

Object and Purpose

Section 286 aims to:

• simplify the documentation of summary trials;
• reduce unnecessary recording formalities;
• ensure that essential details of the case are preserved;
• facilitate speedy disposal of summary cases; and
• maintain a sufficient judicial record for the case.

What the Record Contains

The Magistrate is required to make a record containing the particulars prescribed by the section.

The record broadly includes:

1. The serial number of the case.
2. The date of the commission of the offence, if known.
3. The date of the complaint, if any.
4. The name of the complainant, if any.
5. The name, parentage and residence of the accused.
6. The offence complained of and the offence proved, if any.
7. The plea of the accused and the examination, if any.
8. The finding and, in the case of conviction, a brief statement of the reasons for the finding.
9. The sentence or other final order.
10. The date on which the proceedings terminated.

These particulars provide a concise but meaningful record of the proceedings.

Importance of the Record

The record maintained under Section 286 is important because it creates a permanent judicial account of the summary case.

It helps establish:

• who was prosecuted;
• what offence was alleged;
• what plea was made;
• what finding was reached;
• what sentence or order was passed; and
• when the proceedings ended.

Although the record is concise, it must contain the information necessary to understand the essential course and outcome of the case.

Record of Finding and Reasons

Where the accused is convicted, the Magistrate must record a brief statement of the reasons for the finding.

This requirement is important because even though the summary procedure is simplified, the decision of the Court must still have a recorded judicial basis.

Relationship With Section 285

Section 285 deals with the procedure for conducting summary trials.

Section 286 deals specifically with the record that must be maintained during such a trial.

Therefore:

• Section 285 → How the summary trial is conducted
• Section 286 → What must be recorded in the summary trial

Summary Record vs Ordinary Trial Record

The key distinction is the degree of detail.

In a regular criminal trial, the recording of proceedings and evidence is more elaborate.

In a summary trial, the law permits a concise record of the essential particulars.

This reduced documentation is one of the procedural features that makes summary trials faster and more efficient.

Importance for Judicial Review

Although the record is concise, it remains important for any subsequent legal scrutiny of the proceedings.

A proper record allows the relevant Court to understand the basic facts of the case, the accusation, the plea, the finding and the sentence or final order.

Thus, simplified recording does not mean absence of a judicial record.

BNSS and CrPC

Section 286 BNSS corresponds to Section 263 of the Code of Criminal Procedure, 1973.

The basic framework has been retained: the Magistrate conducting a summary trial is required to maintain a concise record containing the essential particulars of the case and its final outcome.

Common Confusions

Is a detailed trial record required in a summary trial?

No.

The law provides for a concise record containing the particulars specified in Section 286.

Does summary procedure mean that nothing is recorded?

No.

Essential details of the proceedings must be recorded.

Must reasons be recorded when the accused is convicted?

Yes.

A brief statement of the reasons for the finding must be recorded in the case of conviction.

Is the record important even though the procedure is summary?

Yes.

It provides the formal judicial record of the proceedings and their outcome.

Topic at a Glance

• Topic: Record in summary trials
• BNSS Section: Section 286
• Chapter: XXII
• Purpose: Concise recording of essential particulars
• Case details: Recorded
• Accused details: Recorded
• Offence: Recorded
• Plea: Recorded
• Finding: Recorded
• Conviction: Brief reasons recorded
• Sentence/final order: Recorded
• Termination date: Recorded
• CrPC counterpart: Section 263

Quick Revision

• Section 286 BNSS deals with the record to be maintained in summary trials.
• The record is concise, reflecting the simplified nature of summary proceedings.
• It contains essential particulars relating to the case, complainant, accused, offence, plea, finding and final order.
• Where there is a conviction, a brief statement of reasons for the finding must be recorded.
• The date of termination of the proceedings is also recorded.
• Section 286 ensures that summary procedure does not mean the absence of a proper judicial record.
• Section 286 corresponds to Section 263 CrPC.

ALSO READ: Section 285 – Procedure for summary trials

Conclusion

Section 286 BNSS ensures that, despite the simplified nature of summary trials, the proceedings are properly documented. By requiring a concise record of the essential facts, plea, finding, reasons for conviction and final order, the provision balances procedural efficiency with judicial accountability.