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‘Trial of Warrant Case’
Prof. Santosh D. Bhosale
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Trial of a Warrant Case
Question Bank
1.
Explain fully the procedure laid down for conducting the murder case before
District Judge.
2.
3.
4.
5.
Explain fully the procedure conducting the summary case and warrant case.
Explain the procedure for trial of summons case under Criminal Procedure Code.
What is warrant of arrest under what circumstance warrant of arrest is issued?
What is summons and explain the procedure laid down under Criminal
Procedure Code for service of summons upon accused.
State the procedure followed in the trial of Session case.
SYNOPSIS
6.
I.
General-
(1) Warrant Cases-
(2) Summons Cases-
II.
Trial by Court of Sessions (Ss.225 to 237) -
1)
Opening of case by the Public Prosecutor (S.226) -
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2)
3)
4)
5)
6)
7)
8)
9)
Discharge of accused (S.227) -
Framing of charge (S.228) -
Conviction on plea of guilt (S.229) -
Prosecution Evidence (S.230 to 232) -
Defence Evidence (S.233) -
Power of examine of accused (S. 313)-
Arguments (S.234) -
Judgment of acquittal or conviction (S.235) -
III) Trial by Magistrate -
A) Cases instituted on a police report -
1)
2)
3)
4)
5)
6)
7)
8)
Supply of copies to the accused (S.238) -
Discharge of accused (S.239) -
Framing of charge (S.240) -
Conviction on plea of guilt (S.241) -
Evidence for prosecution (S.242) -
Evidence for defence (S.243) -
Arguments (as discussed above) -
Judgment (as discussed above)(S.241) -
B) Cases instituted otherwise than on a police report -
1)
2)
3)
4)
5)
6)
7)
8)
9)
Preliminary hearing of the prosecution case (S.244) -
Discharge of accused (S.245) -
Framing of charge (S.246) -
Conviction upon plea of guilt (S.246(3)) -
Prosecution evidence (as discussed earlier) (S.246(4)) -
Defence evidence (as discussed earlier) (S.247) -
Judgment of acquittal or conviction (as discussed earlier) (S.248) -
Absence of complainant (S.249) -
Compensation for accusation without reasonable cause (S.250) -
I.
General-
A trial is a judicial proceeding ending in either acquittal or conviction of an
accused. For the purpose of the trial, criminal cases are divided into two categories - Viz.
-
(1)
Warrant Cases-
A warrant case is a case in which the offence charged is punishable with death,
imprisonment for life, or imprisonment for a term exceeding two years.
Warrant cases are further divided into two categories on the basis of jurisdiction –
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‘Trial of Warrant Case’
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Viz. -
(i)
Trial by Session Court, or
Trial by a Magistrate,
(ii)
(2)
Summons Cases-
Summons cases are those which are not warrant cases.
The Magistrate may try Summons cases as either (i) a Summons case or (ii) A
summary trial.
In this topic, we will discuss procedures to warrant cases.
II.
Trial by Court of Sessions (Ss.225 to 237) -
The trial before the Court of Session can broadly be divided into the following
stages –
(i)
Opening of the case by Public Prosecutor,
Recording of evidence,
(ii)
(iii)
Acquittal or conviction of the accused.
However, we will discuss the trial before the Session Court in detail in the
following points.
1)
Opening of the case by the Public Prosecutor (S.226) -
The Public Prosecutor shall conduct every trial before the Court of Session. A
Public Prosecutor is “a person appointed as such and includes any person acting under the
direction of a Public Prosecutor”.
Similarly, every accused person has a right to be defended by a counsel of his
choice. Nevertheless, where it appears to the Court that the accused has no sufficient
means to engage a pleader, it shall assign a lawyer for his defence at the expense of the
state.
However, the Court of Sessions cannot directly take cognizance of any offence
even though it is exclusively tribal by it (Session Court). In all cases, a competent
Magistrate may take cognizance of such offence and commit (transfer) the case to the
Court of Session for trial.
2)
Discharge of accused (S.227) -
After the Public Prosecutor opens the case, the Judge hears the submission of an
accused. If, after going through the record submissions of the Public Prosecutor and the
accused, the Court considers that there is no sufficient ground for proceeding against the
accused, he shall discharge the accused and record his reasons for so doing.
If, however, the Court comes to the conclusion that there exists sufficient ground
to proceed, he shall frame a charge (under S.227).
3)
Framing of charge (S.228) -
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After deciding to proceed with the case, the Judge has to frame the charge against
the accused. However, if the Session Court considers that there is a ground for presuming
that the accused has committed an offence which –
(a)
is not exclusively tribal by the Court of Session, then it frames a charge against the
accused and transfers a case for trial to the Chief Judicial Magistrate.
(b)
is exclusively tribal by the Court of Sessions, then the Court shall frame a charge
in writing against the accused. (for more details, refer to topic charge).
After framing the charge, it shall be read and explained to the accused. The accused can
then plead guilty (accept guilt) or plead not guilty and be ready for trial.
4)
Conviction on plea of guilt (S.229) -
If the accused pleads guilty, the Court records the plea and may, in its discretion,
convict him. However, the Judge must accept such a confession cautiously.
5)
Prosecution Evidence (S.230 to 232) -
If the accused does not plead guilty as discussed above, or if the Judge, even after
the accused pleads guilty, does not convict him but rather decides to try him, he shall fix
a date for the hearing, i.e., for the prosecution's examination of witnesses (S.230).
The prosecution should examine all witnesses, which is essential to unfolding the
prosecution story. However, where some of the material witnesses are not examined
(without giving any explanation), the Court may draw an adverse inference against the
prosecution. However, it is not necessary for all witnesses tested (where statements are
recorded) by police to be examined. Therefore, if any witness is won over by the accused
and, as such, is not likely to state the truth, is unnecessary, or is an accomplice, the
prosecution may refuse to examine him (S.231).
However, during the examination of prosecution witnesses, the accused's lawyer is
allowed to cross-examine them.
S.232 provides that after the prosecution evidence, examination of the accused,
and hearing of parties if the Judge considers that there is no evidence to show that the
accused has committed the offence, he shall acquit the accused. The object behind this
provision is that,
(i)
to avoid unnecessary harassment of the accused, and
to avoid wastage of public time when there is no evidence against the
accused.
(ii)
6)
Defence Evidence (S.233) -
If the accused is not acquitted, as discussed above, he will be called upon to enter
on his defence and to adduce evidence in support thereof. The accused can file a written
statement in his defence.
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The Court may, if necessary, summon and examine, at any stage, any person as a
Court – witness.
7) Power of examination of accused (S. 313)-
In every inquiry or trial, to enable the accused personally to explain any
circumstances appearing in the evidence against him, the court-
a) may at any stage, without previously warning the accused, put such questions to
him as the court considers necessary;
b) shall, after that witnesses for the prosecution have been examined and before he
is called on for his defence, question him generally on the case;
Provided that in a summons case, where the court has dispensed with the personal
attendance of the accused, it may also dispense with his examination under clause (b).
No oath shall be administered to the accused when he is examined as above. There
is no punishment if the accused refuses to answer questions asked of him, as mentioned
above.
Answers given by the accused may be considered and used as evidence for or
against the accused in any other inquiry or trial.
questions for the accused, and the Court may permit the accused to file a written
statement as sufficient compliance with this section.
8)
Arguments (S.234) -
After recording defence evidence, the prosecutor sums up (i.e., argues his case),
and the accused is entitled to reply.
9)
Judgment of acquittal or conviction (S.235) -
After hearing the arguments, the Judge will have to deliver Judgment. If the
accused is acquitted, no question comes of any further procedure. But if the accused is
convicted, the Judge must hear him on the question of (i.e., sentence) quantum of
punishment and then impose a sentence on him in accordance with the law.
However, no such hearing is necessary if the accused is released on probation for
good behaviour (under the Probation of Offenders Act) or released after admonition
under S.360 of the Code.
Suppose the prosecution has alleged a previous conviction of an accused, and the
accused has denied it. In that case, the Judge, after recording a conviction against the
accused, may take evidence of such previous conviction and record his findings thereon.
This provision is meant to determine the accused's liability to enhanced punishment due
to previous conditions (S.236).
1 Inserted by the Code of Criminal Procedure (Amendment) Act, 2008.
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III)
Trial by Magistrate -
Warrant cases tribal by Magistrate may be divided into two groups viz. –
Cases instituted on a police report, and
(i)
(ii)
Cases instituted otherwise than on a police report.
The procedures for the trial of these two cases are different. This is because the
record of investigation is available in warrant cases instituted on a police report, whereas
no such record is available in cases instituted otherwise than on a police report.
A)
1)
Cases instituted on a police report -
Supply of copies to the accused (S.238) -
When the accused appears or is brought before the Magistrate at the
commencement of a trial, the Magistrate shall satisfy himself that he has supplied to the
accused copies of the police report, first information report, statements of persons
recorded by police during the investigation, etc. (as required by S.207).
2)
Discharge of accused (S.239) -
If upon considering the police report and the documents sent with it (under S.173
of the Code) and after examining the accused and after hearing both prosecutions and
accused, if the Magistrate considers the charge against the accused to be groundless, he
shall discharge accused by recording reasons.
3)
Framing of a charge (S.240) -
Where the Magistrate forms an opinion that there is a ground for presuming that
the accused has committed an offence that he is competent to try and which, in his
opinion, could be adequately punished by him, he shall frame in writing a charge against
the accused.
The charge shall then be read and explained to the accused, and he shall be asked
whether he pleads guilty of the offence charged or claims to be tried.
4)
Conviction on plea of guilt (S.241)-
If the accused pleads guilty, the Magistrate shall record the plea and may convict
him thereon.
5) Evidence for prosecution (S.242) -
If the accused refuses to plea guilty or does not plead or claims to be tried or the
Magistrate does not convict the accused on the plea of guilty (under S.241 of the Code),
the Magistrate shall fix the date for the examination of witnesses. Provided that the
Magistrate shall supply in advance to the accused the statement of witnesses recorded
However, before starting the examination of witnesses, the Magistrate frames the
2 Inserted by the Code of Criminal Procedure (Amendment) Act, 2008.
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charge against the accused.
On the prosecution's application, the Magistrate may issue summons to any of its
witnesses directing him to attend or produce any document or other things.
On the date fixed by the Magistrate for the prosecution evidence, he shall proceed
to take all such evidence as may be produced in support of the prosecution. However, the
prosecution is not bound to produce all the witnesses mentioned in the First Information
Report.
Moreover, the Magistrate has the power to permit cross-examination of any
witnesses to be deferred (postponed) until any other witness has been examined or
recalled any witness (already examined or cross-examined) for further cross-examination.
6)
Evidence for defence (S.243) -
After the prosecution evidence, an accused will be called upon to enter upon his
defence and to produce his evidence. If he files a written statement, it will be taken on
record. If he applies for attendance of witnesses or production of any document or thing,
the Magistrate will issue the process. However, suppose the Magistrate considers (for the
reasons to be recorded) that such application must be rejected on the ground that it is
made for vexation, to cause delay, or for defeating the ends of justice. In that case, he will
refuse to issue the process.
When the accused had already cross-examined (or had the opportunity to cross-
examine) any witness before entering upon his defence, the process shall not be issued
for compelling the attendance of such witness unless such attendance, in the opinion of
the Magistrate, is necessary for the ends of justice.
7)
8)
B)
1)
Arguments (as discussed above) -
Judgment (as discussed above)(S.241) -
Cases instituted otherwise than on a police report -
Preliminary hearing of the prosecution case (S.244) -
When a warrant case is instituted otherwise than on a police report (i.e., on a
private complaint) and the accused appears or is brought before the Court (by police,
etc.), the Magistrate shall take all such evidence as may be produced in support of the
prosecution.
2)
Discharge of accused (S.245) -
If, upon taking evidence, the Magistrate considers that no case is made out against
the accused, he shall discharge the accused by recording reasons.
The Magistrate can also discharge the accused at any prior stage if he considers for
reasons to be recorded that the charge is groundless.
3)
Framing of a charge (S.246) -
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Upon considering the prosecution evidence or at any previous stage, if the
Magistrate is of the opinion that the accused has committed an offence that he is
competent to try and could be adequately punished by him, he shall frame a charge. The
charge so framed shall be read over and explained to the accused. After reading the
charge over the accused, he shall be asked whether he pleads guilty or claims to be tried.
4)
Conviction upon a plea of guilt (S.246(3)) -
If the accused pleads guilty to the charge, the Magistrate shall record the plea and,
in his discretion, convict him thereon.
5)
6)
7)
8)
Prosecution evidence (as discussed earlier) (S.246(4)) -
Defence evidence (as discussed earlier) (S.247) -
Judgment of acquittal or conviction (as discussed earlier) (S.248) -
Absence of complainant (S.249) -
When the proceeding has been instituted upon a private complaint, and on the
day of the hearing, the complaint is absent, the Magistrate may, at any time before the
charge is framed, discharge the accused if the offence is compoundable or non-
cognizable.
If proceedings have not been instituted upon private complaint, the Magistrate
cannot discharge the accused on the grounds of absence of prosecution witnesses.
9)
Compensation for accusation without reasonable cause (S.250) -
If the Magistrate, while discharging or acquitting the accused, thinks that there
was no reasonable ground for making the accusation against the accused person, he may
call upon the person making the accusation to show cause why he should not pay
compensation to the accused person.
After hearing the complainant, the Magistrate may, for reasons to be recorded,
make an order fixing the compensation to be paid by such person to the accused. In
default of such payment, the Magistrate may order such a person to undergo simple
imprisonment for a period not exceeding 30 days. (This is the common provision
applicable in trials of warrant cases.)
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