Section 282 BNSS: Power of Court to Convert Summons-Cases into Warrant-Cases
Section 282 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a Magistrate, during the trial of an eligible summons-case, to adopt the procedure applicable to warrant-cases when the interests of justice require it. The provision applies only where the offence is punishable with imprisonment for a term exceeding six months.
Law in force: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. Its operative provisions came into force on 1 July 2024, subject to the exception stated in the commencement notification.
Text of Section 282 BNSS
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.
Meaning and Scope of Section 282
Section 282 gives the Magistrate a procedural power. It does not change the offence itself or increase the punishment prescribed for that offence. Instead, it permits the Court to move from the simpler summons-case procedure to the more detailed warrant-case procedure when the statutory conditions are satisfied and the Court considers that course necessary in the interests of justice.
The power arises only after a summons-case trial has begun. The Magistrate must consider the nature of the case, the punishment attached to the offence, the stage of the trial and the interests of justice before deciding whether the case should thereafter be dealt with according to the warrant-case procedure.
Conditions for Conversion under Section 282
- The proceeding must be a summons-case.
- The offence must be punishable with imprisonment for a term exceeding six months.
- The issue must arise during the course of the trial.
- The Magistrate must form the view that adopting warrant-case procedure is required in the interests of justice.
- After conversion, the Magistrate may re-hear the case according to the procedure prescribed for warrant-cases.
- The Magistrate may recall any witness who has already been examined.
Definitions: Summons-Case and Warrant-Case
Summons-case
Under Section 2(x) of the BNSS, a summons-case means a case relating to an offence which is not a warrant-case.
Warrant-case
Under Section 2(z) of the BNSS, a warrant-case means a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.
Why Section 282 Can Apply to a Summons-Case Punishable Above Six Months
A summons-case may involve an offence punishable with imprisonment exceeding six months while still remaining outside the statutory definition of a warrant-case. Section 282 addresses this category by permitting the Magistrate to apply warrant-case procedure where the circumstances of the particular trial make that procedure more appropriate in the interests of justice.
| Provision | Section 282, Bharatiya Nagarik Suraksha Sanhita, 2023 |
|---|---|
| Who exercises the power? | The Magistrate conducting the summons-case trial. |
| Minimum punishment threshold | The offence must be punishable with imprisonment exceeding six months. |
| Statutory test | The Magistrate must consider warrant-case procedure appropriate in the interests of justice. |
| Effect | The case may be re-heard according to the warrant-case procedure. |
| Witnesses | A witness already examined may be recalled. |
Practical Effect of Conversion
Once the Magistrate invokes Section 282, the further conduct of the matter is governed by the BNSS procedure applicable to trial of warrant-cases by Magistrates. The provision expressly authorises re-hearing and recall of witnesses so that the procedural change does not prejudice the proper presentation or testing of evidence.
Section 282 therefore acts as a safeguard where the comparatively simplified summons-case procedure is considered insufficient for the fair and proper adjudication of a case that carries a significant term of imprisonment.
Section 282 and the Earlier Code of Criminal Procedure
Section 282 BNSS corresponds substantially to Section 259 of the Code of Criminal Procedure, 1973. The central principle remains the same: in an eligible summons-case, the Magistrate may switch to warrant-case procedure when the interests of justice require it.
Related BNSS Provisions
- Section 281 - Power to stop proceedings in certain cases
- Section 283 - Power to try summarily
- Section 284 - Summary trial by Magistrate of second class
- Section 285 - Procedure for summary trials
- Section 286 - Record in summary trials
- Section 287 - Judgment in cases tried summarily
- Section 288 - Language of record and judgment
- Section 289 - Application of Chapter
- Section 290 - Application for plea bargaining
Official Sources
For the authoritative statutory text, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The commencement notification appointing 1 July 2024 as the date on which the relevant provisions came into force is available from the Ministry of Home Affairs.
Note: This page is intended as a general explanation of the statutory provision. The application of Section 282 depends on the facts, charge, stage of trial and judicial assessment in the particular case.
Last updated: 11 September 2026.