Trial of Warrant Cases by Magistrate || Section 238 to 250 of Crpc ||

Описание: Dear students

Criminal cases can be divided into two types: Summons Case and Warrant Case. A summons case relates to an offence not being in a warrant case. Warrant cases are those that include offences punishable with death penalty, imprisonment for life or imprisonment exceeding more than two years. The criteria that differ a summons case from a warrant case is determined by the duration of punishment in any offence. The case of Public Prosecutor V. Hindustan Motors, Andhra Pradesh,1970, is a summons case as the convicted is sentenced to pay a fine of Rs. 50. The issue of summons or warrant, in any case, does not change the nature of the case, for instance, a warrant issued in a summons case does not make it a warrant case as observed in the case of Padam Nath V. Ahmad Dobi, 1969. A trial in a warrant case begins by either filing a First Information Report or FIR in a Police Station or filing it directly before the Magistrate.

Section 238 to 250 of the Criminal Procedure Code, 1973 (CrPC) deals with the trial of warrant cases by magistrates. Trial of warrant cases are of two types:

By a police report- Section 173 of CrPC mentions a police report as a report forwarded by a police officer to the Magistrate. In this case, the accused appears or is brought before a magistrate at the commencement of trial. Section 173(2)(i) mentions that as soon as the police investigation is completed, the police station must forward it to the Magistrate empowered to take cognizance of the offence.

By other than a police report- The complaint is filed directly with the Magistrate in this case.

The procedure of trial in warrant cases by magistrate


Compliance with Section 207;

When accused shall be discharged;

Framing of charge;

Conviction on a plea of guilty;

Evidence for Prosecution;

Evidence for Defence Side;

Evidence for Prosecution;

When accused shall be discharged;

Again Evidence for Defence;

Acquittal or conviction;

Absence of Complaint;

Compensation for accusation without a reasonable cause.



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