Section 287 BNSS: Judgment in Cases Tried Summarily
Section 287 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down what a Magistrate must record when deciding a case tried summarily where the accused does not plead guilty. It requires both a record of the substance of the evidence and a judgment containing brief reasons for the finding.
In force: The BNSS came into force on 1 July 2024, subject to the notified exception concerning the entry relating to section 106(2) of the Bharatiya Nyaya Sanhita in the First Schedule. Section 287 is part of the operative BNSS framework for summary trials.
Text of Section 287 BNSS
287. Judgment in cases tried summarily.
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.
Meaning and Scope of Section 287
Section 287 applies to a case that is tried under the summary-trial procedure and in which the accused does not plead guilty. The provision ensures that a summary procedure remains concise without dispensing with the essential judicial record needed to show how the Magistrate reached the finding.
The section imposes two connected duties on the Magistrate. First, the Magistrate must record the substance of the evidence. Secondly, the Magistrate must deliver a judgment containing a brief statement of the reasons for the finding. The provision therefore permits brevity, but it does not permit an unreasoned finding.
Essential Requirements Under Section 287
- The case must be one that is being tried summarily.
- The accused must not have pleaded guilty.
- The Magistrate must record the substance of the evidence.
- The judgment must contain a brief statement of reasons.
- The reasons must relate to the finding reached by the Magistrate.
What Does "Substance of the Evidence" Mean?
In a summary trial, the statutory requirement is to record the substance of the evidence rather than reproduce every question and answer at full length. The record should nevertheless be sufficient to identify the material evidence considered by the Magistrate and to support the conclusion reflected in the judgment.
Why a Brief Reasoned Judgment Is Required
Although summary trials are designed to use a simplified procedure, Section 287 expressly requires reasons for the finding when the accused does not plead guilty. A brief reasoned judgment helps show that the evidence was judicially considered and provides a record capable of being examined in accordance with law where further judicial scrutiny is sought.
Section 287 in the BNSS Summary-Trial Scheme
Section 287 should be read with the surrounding BNSS provisions on summary trials. Section 283 deals with the power to try cases summarily; Section 284 concerns summary trial by a Magistrate of the second class; Section 285 governs the procedure for summary trials; and Section 286 deals with the record to be maintained in summary trials.
After Section 287, Section 288 addresses the language of the record and judgment, while Section 289 addresses the application of the Chapter.
Related BNSS Provisions
Official Legal Source
For the authoritative statutory text, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code.
This page is intended as a structured legal reference to Section 287 BNSS. For a proceeding or filing, the current statutory text, applicable notifications and binding judicial decisions should be checked for the facts and date relevant to the matter.