Section 264 CrPC: Judgment in Cases Tried Summarily

Section 264 of the Code of Criminal Procedure, 1973 required a Magistrate conducting a summary trial to record the substance of evidence and give brief reasons for the finding when the accused did not plead guilty. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 287.

Text of Section 264 CrPC, 1973

This is the substantive text of the earlier provision. It belongs to Chapter XXI of the CrPC, dealing with summary trials.

Section 287 BNSS, 2023: Current Corresponding Law

Section 287 is in Chapter XXII of the BNSS. Its wording preserves the central duty imposed by former Section 264 CrPC. The legal requirement is not dispensed with merely because the court adopts a shortened trial procedure.

Meaning and Essential Requirements

1. The proceeding must be a summary trial

A summary trial is a simplified form of criminal trial conducted in cases eligible under the relevant procedural law. The authority to try summarily is addressed by Sections 283 and 284 BNSS, corresponding broadly to Sections 260 and 261 CrPC.

2. The accused has not pleaded guilty

The express recording obligation under Section 287 arises where the accused does not plead guilty. A plea of not guilty requires the court to evaluate the evidence and arrive at a judicial finding, rather than disposing of the matter solely on an admission.

3. Substance of the evidence must be recorded

The Magistrate must record the material substance of the evidence presented. A summary of the evidence is permitted, but it must adequately reflect the relevant testimony and other material considered for deciding the case. The requirement should not be confused with recording a full verbatim transcript.

4. A judgment with brief reasons is mandatory

The judgment must explain, concisely, why the Magistrate reached the finding. It should connect the essential evidence to the conclusion of guilt or innocence. A bare result without reasons would not satisfy the express requirement for a brief statement of reasons.

Practical Procedure in a Contested Summary Trial

1. Determine eligibility: The Magistrate decides whether the case can be tried summarily under the applicable provision.
2. Follow the summons-case framework: Section 285(1) BNSS generally applies summons-case procedure, subject to the summary-trial chapter.
3. Record the accused's plea: Where guilt is not admitted, the prosecution and defence have the procedural opportunities prescribed by law.
4. Record essential evidence: The Magistrate captures the substance of the relevant evidence and maintains the case particulars required by Section 286 BNSS.
5. Give a reasoned finding: The court delivers a judgment with brief reasons under Section 287 BNSS.
6. Make the final order: Any sentence must comply with the applicable statutory limits, including Section 285(2) BNSS.

Sentence and Procedural Safeguards

Under Section 285(2) BNSS, no sentence of imprisonment exceeding three months may be imposed upon conviction under the summary-trial chapter. This is a sentencing ceiling for that procedure; it is distinct from the maximum punishment prescribed for an offence and from the rules governing which offences may be tried summarily.

If, during a summary trial, the Magistrate finds the summary procedure unsuitable, Section 283(3) BNSS provides for recalling witnesses already examined and rehearing the case in the manner prescribed by the Sanhita. The requirement of fair adjudication remains important even where procedure is streamlined.

Related CrPC and BNSS Provisions

Repeal and Savings: Section 531 BNSS

Section 531 BNSS repeals the Code of Criminal Procedure, 1973, while saving specified pending appeals, applications, trials, inquiries and investigations, subject to the provision's terms. Consequently, the applicable procedural law in a particular case may depend on when the relevant proceeding was pending or commenced. The fact that the CrPC has been repealed does not mean its saved procedural operation is irrelevant.

Frequently Asked Questions

Official Legal Sources

Legal reference updated 18 October 2026. This page explains the statutory framework; the applicable text, amendments, notifications and case-specific judicial orders should be checked before reliance in a proceeding.