Summary trial by Magistrate of second class
Section 284 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with summary trial by Magistrate of second class. The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any s The Act came into force on 01 Jul 2024.
The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence.
Section 284, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 261 Summary trial by magistrate of the second class Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
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.
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Ambati Vijay Bhaskar vs The State of Andhra Pradesh
Decided under Code of Criminal Procedure 261, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a Food Inspector, acting as a Gazetted Officer, follows proper procedure in purchasing, sealing, and transporting food samples, and the Public Analyst's report conclusively establishes that the food is adulterated and does not conform to prescribed standards, the conviction for selling adulterated food under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 is sustainable. Procedural defects in trial procedure, such as failure to conduct a summary trial as mandated by Section 16(a) of the PFA Act, are curable under Section 465 CrPC if no prejudice is caused to the accused. Delay in requesting re-analysis of food samples does not deprive the accused of the right to challenge the original analysis, but the question of losing valuable rights does not arise when the application for re-analysis is made with substantial delay.
On this section: Procedure when presiding officer changes during trial - accused argued that change of magistrate required de-novo trial
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 284
What have the courts held on Section 284 of the Bharatiya Nagarik Suraksha Sanhita?
Ambati Vijay Bhaskar vs The State of Andhra Pradesh (11 Mar 2015) is the leading judgment on this section among those set out below, though it was decided under CRPC 261, which this section replaced -- the court never mentioned this Act: Procedure when presiding officer changes during trial - accused argued that change of magistrate required de-novo trial.
How do I find court cases under Section 284 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 284, section 284 BNSS, section 284 of the Bharatiya Nagarik Suraksha Sanhita. 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 Ambati Vijay Bhaskar vs The State of Andhra Pradesh (11 Mar 2015).
What should I read with Section 284 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward CrPC 261 (Summary trial by magistrate of the second class), so the judgments decided under that provision are the case law on this one.
When did Section 284 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 284 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 284, 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.