Section 287 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 287 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Provision:
In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.(prashantkanha.com)
Explanation:
Section 287 of the BNSS, 2023, mandates that in summary trials where the accused does not plead guilty, the Magistrate is required to:
Record the Substance of Evidence:
The Magistrate must document a concise summary of the evidence presented during the trial. This includes the key points and testimonies that are pertinent to the case.
Provide a Judgment with Reasons:
After considering the evidence, the Magistrate must deliver a judgment that includes a brief statement outlining the reasons for the decision. This ensures transparency and accountability in the judicial process.
This provision ensures that even in summary trials, where proceedings are expedited, there is a clear record of the evidence and the rationale behind the court's decision.
Comparison with the Code of Criminal Procedure (CrPC):
| Provision | BNSS, Section 287 | CrPC, Section 264 |
|---|---|---|
| Requirement to record evidence | Yes | Yes |
| Requirement to provide reasons for judgment | Yes | Yes |
Both the BNSS and the CrPC emphasize the importance of documenting evidence and providing reasons for judgments in summary trials, ensuring consistency and fairness in the judicial process.
Illustrative Example:
Scenario: In a summary trial for a minor theft case, the accused denies the charges and pleads not guilty.
Application of Section 287:
Recording Evidence: The Magistrate listens to the testimonies of the prosecution and defense witnesses and records a summary of their statements.
Providing Judgment: After considering the evidence, the Magistrate delivers a judgment stating the reasons for the decision, such as the credibility of witnesses or the lack of sufficient evidence.
This process ensures that the trial is conducted fairly and that the reasons for the decision are clearly documented.
Conclusion:
Section 287 of the BNSS, 2023, underscores the importance of maintaining a transparent and accountable judicial process in summary trials. By requiring the recording of evidence and the provision of reasons for judgments, it aligns with the principles of justice and fairness.
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