BNSS Section 277: Probation of Good Conduct (2026)

Explainer · Criminal Procedure · BNSS

Updated for 2026 · Claw Editorial

Section 277 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the new criminal procedure law in force since 1 July 2024, applies in a summons-case trial, which is the simpler trial used for less serious offences. When the accused does not plead guilty, this section tells the Magistrate what to do: take the prosecution evidence, then the defence evidence, before deciding the case. Section 277 carries forward Section 254 of the old CrPC. If you searched for Section 277 expecting the rule on release on probation of good conduct, note that probation is a different provision, Section 401 of the BNSS. This explainer sets out what Section 277 actually covers and how it fits a summons trial. Last verified October 2026.

01A note on what this section is

Section 277 of the BNSS is headed "Procedure when not convicted". It sits in the chapter on the trial of summons cases by a Magistrate. A summons case is the lighter kind of case, used for offences that are not very serious, where the trial is kept short and simple.

So this is a procedure provision. It carries no punishment of its own and no cognizable, bailable or triable status. Those belong to the offence being tried.

02When Section 277 applies

In a summons case, the Magistrate first tells the accused the substance of the accusation and asks whether he pleads guilty. The accused may admit guilt, and the Magistrate can convict on that plea. Section 277 is the path the trial takes when that does not happen.

Section 277 applies where the Magistrate does not convict the accused under Section 275, which is conviction on a plea of guilty, or under Section 276, which is conviction on a plea of guilty when the accused is absent in a petty case. In other words, the accused is contesting the case, so it has to be proved by evidence.

03What the Magistrate does

Once the accused is contesting, Section 277 sets a simple order of steps:

• the Magistrate hears the prosecution and takes all the evidence that the prosecution produces in support of its case; and
• the Magistrate then hears the accused and takes all the evidence that the accused produces in his defence.

This is a lighter procedure than a warrant-case trial. There is no formal written charge in the usual summons case, only the substance of the accusation. After both sides have led their evidence, the Magistrate moves to the judgment of acquittal or conviction under the next section.

04Summoning a witness

Section 277 also lets either side ask the Magistrate for help in getting evidence. On the application of the prosecution or the accused, the Magistrate may, if he thinks it fit, issue a summons to any witness directing him to attend, or to produce a document or other thing.

This power helps make sure that a genuinely needed witness or document can be brought before the court, while the deposit condition keeps the process fair and orderly.

05Old to new: CrPC 254 to BNSS 277

Section 254 of the Code of Criminal Procedure is now Section 277 of the BNSS. The procedure is carried over with the same steps, so the change is mainly the section number.

Because the substance is the same, rulings under Section 254 of the CrPC continue to guide how Section 277 of the BNSS is read. For a full old-to-new table, see the CrPC to BNSS section mapping.

06Where it fits in a summons trial

A summons-case trial runs in a short sequence, and Section 277 is the evidence stage inside it.

• The Magistrate states the substance of the accusation and asks for a plea.
• If the accused pleads guilty, he may be convicted under Section 275 or 276.
• Section 277 applies when he does not, so the prosecution and then the defence lead their evidence.
• The Magistrate then records a judgment of acquittal or conviction under Section 278.

Very minor cases may instead be tried by the even quicker route of a summary trial. A contested sessions trial, for the most serious offences, ends in a judgment of acquittal or conviction under Section 258, which is the heavier counterpart of this stage.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Summons cases are common and run across thousands of Magistrate courts, so the useful question is often how a similar case was handled and how long it took. Claw lets you search more than 30 crore judgments to see how courts have read the summons-trial procedure and the summoning of witnesses, with results in under 5 seconds and reported authority running from Supreme Court rulings of 1950 and High Court rulings of 1990 to the latest orders. You can also follow a pending summons matter, with its orders and hearing dates, by party or advocate name across 9,102 courts, benches and forums.

Claw does not use the documents you upload to train its AI models. Create a free Claw account to look up how summons-case procedure has been applied and to track a live matter. To search the wider body of law, see case search across Indian courts.

08Sources and further reading

• India Code (official text of the BNSS, 2023): indiacode.nic.in
• Section 277, BNSS (bare text): courtbook.in
• Section 277, BNSS (explainer): lexibal.com
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

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