Introduction to Section 277 BNSS
BNSS Section 277 is a part of Chapter XXI of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This section comes into effect when the accused is not convicted under Section 275 or 276, and a full trial needs to begin. It outlines the steps a Magistrate must follow when the accused either denies guilt or when a guilty plea is not accepted. It ensures a fair, transparent, and complete trial process for summons cases.
What is BNSS Section 277 ?
BNSS Section 277 is a legal process followed when the accused is not convicted under Section 275 or 276. It ensures that the Magistrate proceeds with a full and fair trial by hearing both the prosecution and defence. The court may summon witnesses and documents if needed. This section protects the rights of the accused by ensuring a proper hearing before any decision is made.
BNSS Section of 277 in Simple Points
1. Full Trial Begins if No Conviction
If the accused is not convicted under Section 275 (guilty plea in person) or Section 276 (guilty plea in absence), the Magistrate must begin a full trial. This means hearing both the prosecution and the accused. The trial includes collecting proper evidence and giving both sides a chance to speak. This rule ensures that no one is punished without a complete hearing. It protects legal rights of the accused. This makes the justice process more complete and reliable.
2. Evidence by Prosecution and Accused
During the trial, the prosecution presents all available evidence first. This can include witness testimony, documents, or other items that support their claim. After this, the accused is also allowed to submit his side of the story with his own evidence. The Magistrate listens to both sides before making any judgment. This two-sided process prevents one-sided trials. It builds fairness in the system and respects the principle of natural justice
3. Summons to Witnesses Allowed
BNSS Section 277 allows the Magistrate to summon any witness requested by the prosecution or the accused. If needed, documents or objects can also be summoned. This gives both parties a chance to bring all facts into the open. The Magistrate helps ensure that justice is not affected due to missing witnesses or key evidence. These powers give the court more control over the flow of the trial. It helps in finding the truth more effectively.
4. Witness Expense Must Be Deposited
Before issuing a summons, the Magistrate may ask the party (accused or prosecution) to deposit money for the witness’s travel or court appearance costs. This ensures that witnesses are not financially burdened for helping in the trial. It also stops misuse of summons, where people might call witnesses unnecessarily. By asking for deposits, the system remains fair for all. It respects the time and effort of witnesses who appear in court.
5. Safeguard Against Unjust Conviction
This section acts as a strong protection in cases where the accused is not convicted quickly. It ensures the accused still has a right to defend themselves fully through a proper trial. No punishment is given unless proper evidence is presented and considered. BNSS 277 adds transparency to the legal process. It ensures fair treatment and helps avoid hurried decisions. This builds public trust in the judicial system.
Section 277 of BNSS Overview
BNSS 277 ensures that if the accused is not immediately convicted after pleading guilty, the Magistrate must carry out a full hearing. This includes listening to the prosecution, hearing the accused’s side, examining witnesses, and reviewing all relevant evidence. It also gives the power to issue summons to witnesses and require deposits for their expenses. The section guarantees that justice is served only after a full and fair trial.
BNSS Section 277 – Explained in 10 Key Points
1. Starts When Plea of Guilty Is Not Accepted
BNSS Section 277 applies when the Magistrate does not convict the accused under Section 275 or 276. This usually happens if the accused pleads not guilty or the Magistrate is not satisfied with the guilty plea. In such cases, the trial must continue in the regular manner. This section ensures a fair hearing before deciding guilt. It begins the full trial process, including examination of evidence and witnesses. The rights of both prosecution and defence are protected. It upholds the principle of natural justice.
2. Prosecution Is Heard First
Once Section 277 is triggered, the Magistrate will first hear the prosecution’s side of the case. The prosecutor presents their arguments and submits all supporting evidence and witnesses. This is a critical step in proving the guilt of the accused. The evidence may include documents, objects, or witness testimonies. The aim is to show that the offence has been committed beyond doubt. The Magistrate listens carefully and records the statements. This process ensures transparency and fairness in trial.
3. Accused Gets Chance to Present Defence
After the prosecution has presented their case, the accused is given a full opportunity to defend themselves. They can make statements, submit documents, or present their own witnesses. This section guarantees the accused a fair chance to explain their side. If the accused has an alibi, supporting proof, or any legal argument, it must be considered. The defence helps in avoiding false convictions. The Magistrate weighs both sides before making a judgment. This makes the trial balanced and just.
4. Summons to Witnesses Can Be Issued
BNSS 277 also gives power to the Magistrate to issue summons to any witness. This can be done on request by either the prosecution or the accused. The summons directs the witness to either attend the trial or bring documents or items related to the case. This helps in collecting more evidence. It strengthens the fact-finding process during the trial. Both parties have equal right to use this provision. It improves the quality of judgment by adding more clarity to facts.
5. Expenses for Witness Must Be Deposited
Before summoning a witness, the Magistrate may ask the applying party to deposit the witness’s reasonable expenses in court. This ensures that the witness is not burdened financially. The cost may include travel, stay, or any loss of daily income. This step is important to maintain fairness. It prevents unnecessary or fake witness calls just to delay the trial. It also respects the time and effort of the witnesses. The court ensures this rule is followed strictly.
6. Section Ensures Complete Trial Procedure
BNSS 277 creates a complete trial structure when the summary procedure fails. If guilty plea fails under Section 275 or 276, this section brings the case into the standard trial track. It includes witness examination, document submission, and cross-questioning. This ensures no accused is convicted without a full chance to defend. The procedure is well-organized and follows the rules of criminal justice. It brings seriousness and completeness to every trial. Every step follows legal fairness.
7. Maintains Balance Between Both Sides
One of the most important features of BNSS Section 277 is that it treats both sides equally. The prosecution and the accused both get full chances to present evidence and witnesses. The Magistrate remains neutral and fair throughout. This prevents bias and promotes legal trust. It ensures that justice is done not only in words but in actions. The section follows the idea that “every person is innocent until proven guilty.” It reflects the core spirit of Indian criminal law.
8. Applies to Summons-Cases Only
This section mainly applies to summons-cases, where the offences are not very serious but still need trial. If a petty offence is not resolved by a guilty plea under Section 275 or 276, this section ensures the case still goes through a trial. It is not used in warrant or more serious cases. Summons-cases include traffic offences, public nuisance, etc. The idea is to close petty cases fairly without rushing to judgment. It helps maintain the dignity of justice even in minor offences.
9. Supports Transparency in Trial Process
Section 277 promotes transparency by documenting every stage of the trial. From witness recording to the summoning process, all actions are recorded officially. Both the public prosecutor and the defence advocate are given equal space. It eliminates backdoor settlements or unfair trials. Every party can ask for official records if needed. This makes it a citizen-friendly process. The public can trust that the trial was held fairly and lawfully.
10. Builds Trust in Criminal Justice System
Overall, BNSS Section 277 is an important tool to ensure no one is punished without full trial, especially when earlier guilty pleas are rejected. It proves that the Indian legal system values fairness over speed. By allowing evidence, witnesses, and full hearings, it gives justice a solid foundation. It helps prevent wrongful convictions. Citizens gain confidence that the court will hear them out. It adds more strength to the legal rights of every individual.
Example 1:
Ravi receives a summons for a traffic violation and sends a letter pleading guilty with a fine (Section 276). The Magistrate is not satisfied with his plea and starts a full trial under Section 277. Both parties present evidence and the final decision is made after the trial.
Example 2:
Meena is accused of public nuisance. She pleads guilty but the Magistrate finds inconsistency in the facts. He invokes BNSS 277 and begins a full trial. Witnesses are called, documents are submitted, and Meena is given a fair chance to defend herself.
Section 277 of BNSS Short Information
| No. | Key Point | Simple Explanation |
|---|---|---|
| 1 | Full Trial Begins | If the accused is not convicted under Sections 275 or 276, the Magistrate must begin a full trial by hearing prosecution and defence. |
| 2 | Evidence from Both Sides | Prosecution presents evidence first, followed by the accused. Both sides get full opportunity to present their case. |
| 3 | Summons to Witnesses | The Magistrate may summon witnesses or documents on request from either the prosecution or the accused. |
| 4 | Deposit for Witness Expenses | Before calling a witness, the court may require the party requesting it to deposit expenses like travel or appearance cost. |
| 5 | Ensures Fair Trial | The section ensures no one is convicted without a full hearing, protecting the accused from unfair or rushed decisions. |
BNSS Section 277 FAQs
BNSS 277
Conclusion
BNSS Section 277 ensures that when a guilty plea is not accepted, the case moves into a complete trial. Both sides get to present evidence, witnesses can be summoned, and the Magistrate ensures fairness at every step. This protects the rights of the accused and ensures justice is delivered only after a proper and balanced hearing.
Need Legal Support?
If you are dealing with court cases, marriage problems, or any other legal issue, our team at Marriage Solution – Lawyer Help is here for you. Simply fill out our quick online enquiry form, and we’ll connect you with the right legal expert to support your needs .