18/04/2025
What is a Summons Trial?
A summons trial is a type of criminal trial for minor offences, where the punishment is not more than 3 years imprisonment. These are simpler, faster, and less formal than other trials.
It is governed by Sections 266 to 271 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Summons trials are designed to reduce the burden on courts and speed up justice in less serious cases. Since these cases don’t involve complex charges or major crimes, the procedure is kept simple.
Section-wise Breakdown:
1. Section 266 – Institution of Summons Cases
Case can be started by:
Police report (FIR)
Complaint by an individual
Magistrate takes cognizance and issues a summons to the accused.
2. Section 267 – Explanation of Accusation
Accused appears in court.
Magistrate orally explains the offence.
No formal charge sheet is framed (unlike in warrant trials).
3. Section 268 – Plea of Guilty
If accused pleads guilty, court may convict after recording the plea.
4. Section 269 – Trial Procedure
If accused pleads not guilty, trial starts.
Prosecution presents witnesses and evidence.
Accused gets a chance to cross-examine.
Accused may also give evidence in defence.
5. Section 270 – Judgment
Court decides based on evidence.
Can either convict or acquit the accused.
6. Section 271 – Conversion to Warrant Trial
If Magistrate finds the offence is more serious than expected, they can convert the case to a warrant trial.
Example 1: Minor Hurt Case
Offence: Section 115 BNS – Voluntarily causing hurt (punishable up to 1 year)
Case: Ravi hits his neighbor during a quarrel.
Procedure:
Police files report.
Magistrate issues summons.
Ravi appears, pleads not guilty.
Prosecution gives evidence.
Ravi is acquitted as no solid proof.
Example 2: Public Nuisance
Offence: Creating disturbance in public (punishable with fine or jail up to 6 months).
Case: Ramesh plays loud music at night during exams.
