What is the maximum period of imprisonment that can be given in a summary trial under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, irrespective of the punishment specified for the offence?
Show answer & explanation
Correct answer: B
Explanation
The answer is 3 months.
Explanation:
A Summary Trial is conducted for minor offenses that do not require a lengthy legal process. Under the BNSS, the rules governing it are as follows:
- Maximum Punishment: During a summary trial, a Magistrate cannot impose a sentence of imprisonment exceeding 3 months for any offense, even if the regular law prescribes a longer sentence for that specific offense.
- Objective: Its primary objective is the speedy disposal of minor cases and the reduction of the burden on the courts.
- Who Can Conduct It: The Chief Judicial Magistrate (CJM) or a Judicial Magistrate of the First Class (JMFC) is empowered to conduct summary trials.
Additional Points:
- Mandatory Nature: Under the BNSS, summary trials have been made mandatory for offenses punishable by imprisonment of up to 3 years (previously, this limit was lower).
- Fine: In addition to the sentence, the Magistrate may also impose an appropriate fine.
- Record: In a summary trial, instead of recording the full statements of witnesses, only a brief record is prepared.
Potential Questions and Answers:
Question: For which offenses is a summary trial mandatory under the BNSS?
Answer: Offenses for which the maximum punishment is imprisonment of up to 3 years.
Question: If a case is complex, can the Magistrate discontinue the summary trial?
Answer: Yes; if the Magistrate feels that the case is not suitable for a summary trial, they may convert it into a Regular Trial.