BNSS Section 282 — Power of Court to convert summonscases into warrant-cases

Summary

If a magistrate is hearing a summons-case for an offence that can be punished with more than six months in jail, and the magistrate believes it would be fairer to treat it as a warrant-case, they can switch to that procedure. This means the magistrate will start the case over, following the rules for warrant-cases, and can call back any witness who has already testified.

Official Text

When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases and may recall any witness who may have been examined.

Old <-> New Code Mapping

• CrPC §259 — Power of Court to convert summonscases into warrant-cases