Power of Court to convert summons-cases into warrant-cases
Section 282 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with power of Court to convert summons-cases into warrant-cases. When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magi The Act came into force on 01 Jul 2024.
When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases and may recall any witness who may have been examined.
Section 282, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 259 Power of Court to convert summons-cases into warrant-cases Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Rashida Kamaluddin Syed vs Shaikh Saheblal Maradn (d) Th. Lrs.
Decided under Code of Criminal Procedure 259, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Upon the death of a complainant in a criminal case, the proceedings do not abate. The Code of Criminal Procedure does not expressly provide for abatement of inquiries and trials upon death of a complainant. Legal heirs of a deceased complainant can be validly permitted by the court to continue the criminal prosecution against the accused under Section 302 of the Code of Criminal Procedure (corresponding to Section 495 of the old Code). This principle applies to all criminal cases based on the scheme of the Code and is not limited to cases triable by the Court of Session or cases involving any particular level of offence. Once such permission is granted by the court and is not challenged by the accused, it attains finality and cannot be subsequently challenged as illegal or unlawful.
On this section: Discharge on complainant's absence in warrant cases - Distinguished as not applicable to committal inquiries
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 282
What have the courts held on Section 282 of the Bharatiya Nagarik Suraksha Sanhita?
Rashida Kamaluddin Syed vs Shaikh Saheblal Maradn (d) Th. Lrs. (02 Mar 2007) is the leading judgment on this section among those set out below, though it was decided under CRPC 259, which this section replaced -- the court never mentioned this Act: Discharge on complainant's absence in warrant cases - Distinguished as not applicable to committal inquiries.
How do I find court cases under Section 282 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 282, section 282 BNSS, section 282 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 282 section and 282 bnss in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Rashida Kamaluddin Syed vs Shaikh Saheblal Maradn (d) Th. Lrs. (02 Mar 2007).
What should I read with Section 282 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 259 (Power of Court to convert summons-cases into warrant-cases), so the judgments decided under that provision are the case law on this one.
When did Section 282 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 282 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 282, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.