Section 263 CrPC - Record in Summary Trials

Section 263 of the Code of Criminal Procedure, 1973 required a Magistrate conducting a summary trial to maintain a prescribed record of ten essential particulars. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 286.

Current legal position: The BNSS came into force on 1 July 2024. Section 286 governs records in summary trials under the new procedural code, subject to the repeal and savings provisions in Section 531 BNSS for qualifying pending proceedings.

Section 263 CrPC - Statutory provision

In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely:

(a) the serial number of the case
(b) the date of the commission of the offence
(c) the date of the report or complaint
(d) the name of the complainant (if any)
(e) the name, parentage and residence of the accused
(f) the offence complained of and the offence (if any) proved, and in cases coming under clause (ii), clause (iii) or clause (iv) of sub-section (1) of section 260, the value of the property in respect of which the offence has been committed
(g) the plea of the accused and his examination (if any)
(h) the finding
(i) the sentence or other final order
(j) the date on which proceedings terminated

The list above preserves all ten entries from Section 263. Its reference to clauses (ii), (iii) and (iv) of Section 260(1) belongs to the former CrPC framework.

Section 286 BNSS - Record in summary trials

Section 286 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires the Magistrate to enter the following particulars in the form directed by the State Government:

(a) the serial number of the case
(b) the date of the commission of the offence
(c) the date of the report or complaint
(d) the name of the complainant (if any)
(e) the name, parentage and residence of the accused
(f) the offence complained of and the offence (if any) proved, and in cases coming under clause (i), clause (ii) or clause (iii) of sub-section (1) of section 283, the value of the property in respect of which the offence has been committed
(g) the plea of the accused and his examination (if any)
(h) the finding
(i) the sentence or other final order
(j) the date on which proceedings terminated

The significant textual update is in clause (f): the relevant property-value reference is now to Section 283(1)(i), (ii) and (iii) BNSS. This reflects the revised statutory structure for offences triable summarily.

Explanation of the ten mandatory record entries

The summary-trial register creates a concise, traceable account of the case from the alleged offence to the final decision. Each entry serves a distinct purpose:

Required entry	Purpose
(a) Serial number of the case	The unique number identifying the summary trial.
(b) Date of commission of the offence	The alleged date of the act forming the prosecution.
(c) Date of the report or complaint	When the information or complaint was reported.
(d) Name of the complainant, if any	Identity of the complainant where there is one.
(e) Name, parentage and residence of the accused	Particulars identifying the person being tried.
(f) Offence alleged and offence proved; property value where applicable	Identify the alleged offence, the offence proved, if any, and the value of property in specified categories.
(g) Plea of the accused and examination, if any	Record whether the accusation was admitted or denied and any examination.
(h) Finding	State the court's finding on the charge.
(i) Sentence or other final order	Record the punishment or other final disposition.
(j) Date on which proceedings terminated	Record the conclusion date of the summary case.

Scope and duties of the Magistrate

The duty to make the prescribed entries arises in every case tried summarily. The Magistrate must use the form directed by the State Government; Section 286 does not itself prescribe a single nationwide register format.

Record accuracy: The entries should correspond to the complaint or report, the accused's plea, the evidence and the actual final order.
Property valuation: Where clause (f) requires a property value, it must be entered as part of the statutory record.
Final disposition: The finding, sentence or other final order, and termination date must be recorded separately.
Related judicial requirements: The brief statement of reasons for a finding in applicable summary cases is addressed by Section 287 BNSS, corresponding to Section 264 CrPC.

Section 260 CrPC corresponds to Section 283 BNSS (power to try summarily); Section 261 CrPC corresponds to Section 284 BNSS (summary trial by Magistrate of the second class); and Section 262 CrPC corresponds to Section 285 BNSS (procedure for summary trials). Section 264 CrPC corresponds to Section 287 BNSS (judgment in cases tried summarily), while Section 265 CrPC corresponds to Section 288 BNSS (language of record and judgment).

Repeal, savings and pending cases

Section 531 BNSS repeals the Code of Criminal Procedure, 1973, but includes savings provisions. In particular, certain appeals, applications, trials, inquiries and investigations pending immediately before 1 July 2024 continue under the former Code. The applicable procedural law should therefore be determined from the facts and stage of the particular proceeding rather than solely from the date of hearing.

Official legislation and references

Frequently asked questions

What is Section 263 CrPC?

It requires a Magistrate to record ten specified particulars in every summary trial, in the form directed by the State Government.

Which BNSS provision corresponds to Section 263 CrPC?

Section 286 of the Bharatiya Nagarik Suraksha Sanhita, 2023 covers records in summary trials.

What changed in Section 286 BNSS?

The principal record-keeping requirement remains substantially the same. The cross-reference for property-value entries now points to Section 283(1)(i), (ii) and (iii) BNSS instead of Section 260(1)(ii), (iii) and (iv) CrPC.

Does a summary trial require a detailed judgment?

The record required by Section 286 is distinct from the brief statement of reasons required in relevant cases by Section 287 BNSS (formerly Section 264 CrPC).

Which law applies to pending cases?

Section 531 BNSS contains repeal and savings provisions, including for trials and other proceedings pending immediately before commencement on 1 July 2024.

This article provides general legal information. The statutory text, applicable procedural rules and binding judicial decisions should be checked for individual cases.