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

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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[rambishnoi]

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[My_lyf]

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[rinkysingh]

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[mddilshadsheikh]

Sir, your lecture are too much helpful but you voice is too fast so please speak slow motion, because due to fast speaking we couldn't understand clearly.

[satindersingh]

Sir, under trial before a court of session, the section 232 is acquittal - (hearing prosecution nd defence ), before entering upon defence and arguments .So only court of session have power to hear prosecution nd defence before entering upon defence and argument and not to magistrates

[biedhakumar]

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[khalishejan]

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[RAVINDERSINGH-freg]

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[MohammedABRAR]

Thank you sir..pls do share cases of dis section specifically u/s 406 and 420 of ipc triable by magistrate..and how one can file discharge application as the case is not committed yet..as the accused is on anticipatory bail only charge sheet has been filed till now.

[jasminejassal]

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[j.kfilms]

Hello sir... you are great .. sir.. I have a problem that .. how to learn crpc section . Bcoz they are hard to learn as it is . Is there any trick to remeber or any mnemonic.. plz.. help me..

[vaibhav]

sir you said that defense council can request the court to cross examine pp witness at one go i.e. after chief of witnesses is over, but if a proceeding comes to close after chief of pp witnesses, how can we cross examine pp witnesses, because proviso puts a bar, do we have seek permission of court for this that let the chief be conducted first & after that we will cross examine? if yes, under which provision ? please explain

[mouryamanish]

Sir, in case in which with the leave of the court can we cross the witness of prosecution ...for further time...like after entering into the defence witnesses..or after closing of defense witnesses

[shahsandeep]

sir please guide in IPC section 498a, can a complainant can step back or withdraw her complaint in trial court as depostion chief, cross examination is completed of complainant
. any provision or procedure, please guide. ( in summan case we have 203 crpc and 257 CRPC)

[shahsandeep]

once 239 crpc gets dismissed in lower court, hence instead of filling 397 CRPC, accused can also file quashing in high court U/s 482 Crpc if he have strong grounds by taking the advantage of dismissal order of 239 crpc. please guide am I correct..

[prateekbajaj]

sir, under trial of case other than on police report @3:45
Isn't the first step before framing charge is Preliminary inquiry u/s. 202 of Crpc?
thanks.

[vaibhav]

was that a meaning of proviso, please tell because, it is written' when accused has cross examined or has the opportunity of cross examine, any witness, before entering his defense, does it imply any party or it is general practice? please answer