Criminal Procedure | Summary Trials | Updated October 2026

Section 262 CrPC: Procedure for Summary Trials and Section 285 BNSS

Section 262 of the Code of Criminal Procedure, 1973 governed the procedure for summary criminal trials. The corresponding current provision is Section 285 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), effective from 1 July 2024. Both provisions apply the summons-case procedure, subject to special summary-trial rules, and limit imprisonment imposed in a summary trial to three months.

Current-law position: For proceedings governed by BNSS, read Section 285 with Sections 283, 284 and 286 to 288. For older pending matters, examine the repeal and savings provisions in Section 531 BNSS.

Section 262 CrPC: Statutory Text

(1) In trials under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned.

(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.

Section 285 BNSS: Current Procedure for Summary Trials

(1) In trials under this Chapter, the procedure specified in this Sanhita for the trial of summons-case shall be followed except as hereinafter mentioned.

(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.

The operative rule is substantially retained. The reference to the earlier Code is replaced with the BNSS. The statutory imprisonment ceiling remains three months. Consult the official BNSS text on India Code for the complete enactment.

Meaning and Legal Effect

1. Summary trial

A summary trial is a streamlined criminal trial authorised for specified offences. It reduces procedural formality and the extent of the record, but it does not dispense with the accused's right to a fair hearing, the prosecution's burden of proof, or other applicable safeguards.

2. Summons-case procedure as the foundation

Section 285(1) directs the Magistrate to use the procedure prescribed for summons-cases, except where the summary-trial chapter makes a different provision. The accusation must be communicated, the plea addressed, evidence considered where required, and a lawful finding recorded.

3. Maximum sentence of imprisonment

Under Section 285(2), imprisonment following conviction in a summary trial cannot exceed three months. This is a restriction on the sentence the court may pass in that mode of trial, not a general reclassification of the punishment prescribed for the underlying offence.

Which Cases May Be Tried Summarily?

Section 283 BNSS governs the power to try specified offences summarily and permits summary trial of certain additional offences punishable up to three years, subject to a reasonable opportunity of hearing and reasons recorded in writing. Section 284 BNSS allows the High Court to confer limited summary-trial powers on a Magistrate of the second class for qualifying offences punishable only with a fine or with imprisonment not exceeding six months, with or without fine, including specified abetments and attempts.

The eligibility of an offence for summary trial and the permissible sentence after conviction are distinct questions. Even if an offence qualifies for summary procedure, the three-month sentencing ceiling in Section 285(2) continues to apply.

Practical Stages of a Summary Trial

Confirm jurisdiction and eligibility: The Magistrate verifies the statutory power and whether the offence may be tried summarily.
Inform the accused: The accusation is explained in accordance with the applicable summons-case procedure.
Record the plea: The court deals with a guilty or not-guilty plea according to law.
Receive and assess evidence: If the charge is contested, the court hears the necessary evidence and affords procedural safeguards.
Make the prescribed record: Section 286 BNSS requires a record of specified particulars, including the offence, plea, finding and final order.
Give judgment: Where the accused does not plead guilty, Section 287 BNSS requires the substance of evidence and brief reasons for the finding.
Observe the sentence limit: Any sentence of imprisonment passed under the summary-trial chapter cannot exceed three months.

When Summary Procedure Is Unsuitable

Section 283(3) BNSS provides that if, during a summary trial, the Magistrate considers it undesirable to continue summarily because of the nature of the case, the Magistrate shall recall witnesses already examined and rehear the case in the manner provided by BNSS. This protects the integrity of a case requiring fuller examination.

CrPC and BNSS Provisions at a Glance

Subject	CrPC, 1973	BNSS, 2023
Power to try summarily	Section 260	Section 283
Second-class Magistrate	Section 261	Section 284
Procedure and three-month limit	Section 262	Section 285
Record in summary trials	Section 263	Section 286
Judgment	Section 264	Section 287
Language of record and judgment	Section 265	Section 288

Repeal and Savings: Section 531 BNSS

BNSS repealed the Code of Criminal Procedure, 1973 with effect from 1 July 2024. Section 531 contains savings for specified pending proceedings and related matters. Whether a particular case continues under the former Code or proceeds under BNSS must be determined by the precise transitional language and the status of the proceedings.

Frequently Asked Questions

What is Section 262 CrPC?

Section 262 CrPC required summary trials to follow the summons-case procedure, subject to special summary-trial rules, and capped imprisonment at three months.

What is the corresponding provision under BNSS?

Section 285 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding provision for the procedure in summary trials.

Can a Magistrate impose imprisonment exceeding three months in a summary trial?

No. Section 285(2) BNSS expressly prohibits a sentence of imprisonment exceeding three months for a conviction under the summary-trials chapter.

Are all offences punishable by up to three years automatically tried summarily?

No. Section 283 BNSS sets out eligible offences and conditions; its discretionary three-year category requires a hearing and written reasons.

Does the CrPC still apply to pending cases?

Section 531 BNSS contains repeal and savings provisions, including treatment of proceedings pending immediately before commencement. The applicable procedure depends on the statutory savings and the case facts.

Official Sources and Related Reading

This article is a general explanation of statutory provisions; application to individual proceedings depends on their facts and applicable law.