Section 258
Trial of summons cases by Magistrates
Trial of Summons Cases by Magistrates
Plain English Explanation
In a summons case (minor offences with up to 2 years imprisonment), when the accused appears before the Magistrate: (i) The charge is read out; the accused is asked to plead guilty or claim trial. (ii) For very minor offences where fine is up to ₹10,000, the Magistrate can adopt a simplified procedure: state the facts, hear the accused's explanation, and convict if explanation is unsatisfactory. (iii) Plea bargaining is also available as an option.
Legal Text
Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 258
(1) In a summons case, when the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.
(2) If the Magistrate is of opinion, after hearing the accused and the prosecution, that the accused has been accused of a minor offence and proposes to impose a fine not exceeding ten thousand rupees as punishment, the Magistrate may—
(a) state the facts alleged against the accused and the evidence on which the charge is based;
(b) ask the accused to give an explanation, if any;
(c) if the explanation, if any, is not satisfactory, convict the accused and impose the fine.
(3) Any person may enter into a plea bargaining in the manner provided under Chapter XXX of this Sanhita.
Keywords
summons case trialMagistrate trialplea of guiltysummary convictionfine up to 10000plea bargaining
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