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B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2016 Dec (100 marks) Question Paper with Solutions - KSLU

KSLU Solved Question Papers

Criminal Law II

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 7

2016 Dec (100 marks) Examination

munotes.in

Mumbai

First published on munotes.in on 2 November 2026.

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The Paper as Set

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Duration 3 hours · Total marks 100 · 13 questions answered

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Read the original question paper

Q1Explain the procedure to be followed for the trial of warrant cases by magistrates.[16]

Answer

For full marks, cover: what a warrant case is (section 2(x)) and who tries it; why its procedure is fuller than a summons trial; the life of a warrant case in stages: 1, before the trial (process, copies under sections 207 and 238); 2, the charge stage, with the different tests for a case on a police report (sections 239 and 240) and a complaint case (sections 244 to 246); 3, the trial proper (sections 241 to 243, 246 and 247), with the general rules of sections 309, 311 and 313; 4, the end of the case (sections 248 to 250, 325 and 360); the Magistrate's limits (sections 240, 246 and 323); plea bargaining; a stage-by-stage table; three leading cases; criticism; the Bharatiya Nagarik Suraksha Sanhita, 2023; a conclusion.

What is tried as a warrant case, and by whom

Under section 2(x) of the Code of Criminal Procedure, 1973, a case is a warrant case when its offence is a grave one. That means an offence carrying death, life imprisonment or imprisonment above two years. The First Schedule then says which court tries it. Offences triable only by a Court of Session follow Chapter XVIII. The rest are tried by a Chief Judicial Magistrate or a Magistrate of the first class under Chapter XIX, sections 238 to 250. This answer explains that Magistrate's trial.

The procedure is fuller than in a summons case because more is at stake. The accused receives a written charge. He may be discharged before it if the case is weak. He has a full right to test the evidence and to call his own.

Stage 1: before the trial begins

Process. On taking cognizance, the Magistrate may issue a warrant or a summons to secure the accused (section 204(1)(b)).

Copies. In a case on a police report, the accused must receive free copies of the papers (section 207). These are the report, the FIR, the witnesses' statements and the documents relied on. At the first hearing the Magistrate satisfies himself that this was done (section 238).
Which route. The Code provides two routes. Part A of Chapter XIX governs a case begun on a police report. Part B governs every other case, chiefly a private complaint. Part C applies to both.

Stage 2: the charge stage

On a police report (sections 239 and 240). The Magistrate studies the police report and documents. He may examine the accused and must hear both sides. He then asks one question: is the charge groundless? If it is, he discharges the accused and records his reasons. If there is ground for presuming that the accused committed an offence he can try and adequately punish, he frames a written charge.

On a complaint (sections 244 to 246). Here no police record exists, so the court builds its own. The Magistrate first hears the prosecution and takes all its evidence, summoning witnesses if asked (section 244). He then asks whether a case is made out which, if unrebutted, would warrant conviction. If not, he discharges the accused with reasons (section 245(1)). He may also discharge earlier, at any previous stage, if he finds the charge groundless (section 245(2)). Otherwise he frames the charge (section 246(1)).

After the charge is framed. It is read and explained, and the accused is asked whether he pleads guilty (sections 240(2) and 246(2)). A guilty plea is recorded and he may be convicted on it (sections 241 and 246(3)). Once a charge is framed, the case can end only in acquittal or conviction. The Magistrate cannot go back and discharge.

Stage 3: the trial proper

Police-report cases (sections 242 and 243). The Magistrate fixes a date for prosecution witnesses. He must supply the accused in advance with their statements to the police (proviso to section 242(1), added in 2009). He takes all the prosecution evidence, and may let cross-examination of a witness wait until others are examined. The accused then enters his defence and may file a written statement. The court must summon his witnesses unless the request is for vexation or delay.
Complaint cases (sections 246 and 247). The accused says at the next hearing which prosecution witnesses he wishes to cross-examine. Those examined before the charge are recalled for cross-examination and re-examination. The remaining prosecution witnesses are then examined, and the defence follows (section 247).
General rules for every trial.

Day-to-day hearing (section 309). Once examination of witnesses begins, it continues from day to day. Adjournments need recorded reasons.

Recall (section 311). The court may summon or recall any witness at any stage if his evidence is essential to a just decision.
Examination of the accused (section 313). After the prosecution evidence, the court questions the accused on every circumstance against him, so that he can explain it. He is not on oath.

Stage 4: the end of the case

Judgment (section 248(1)). If the Magistrate finds the accused not guilty, he records an acquittal.
Sentence hearing (section 248(2)). If he convicts, he hears the accused on sentence and then passes sentence. He may instead release him on probation (section 360). Or he may send him to the Chief Judicial Magistrate, where a heavier sentence is needed than he can give (section 325).
Previous conviction (section 248(3)). A previous conviction charged to seek a higher sentence is proved only after the finding of guilt on the present charge.

Absent complainant (section 249). In a complaint case the complainant may fail to appear. If the offence is compoundable or non-cognizable, the Magistrate may then discharge the accused before a charge is framed.
Compensation for a false case (section 250). Where a complaint or information was made without reasonable cause, the Magistrate may order the complainant or informant to pay compensation to the accused.

The Magistrate's limits

Competence and adequate punishment. He frames a charge only for an offence he can try and adequately punish (sections 240 and 246).
Sending the case up (section 323). If, before signing judgment, he finds the case ought to be tried by a Court of Session, he commits it there.
Sentence power. A first class Magistrate may impose up to three years, and a Chief Judicial Magistrate up to seven (section 29).

Plea bargaining

For offences punishable with up to seven years, the accused may apply for plea bargaining under Chapter XXIA (sections 265A to 265L). The offence must not affect the socio-economic condition of the country, or be committed against a woman or a child under fourteen. A satisfactory disposition can end in a reduced sentence or release on probation.

The stages at a glance

Stage	Police-report case	Complaint case
Start	Copies checked (section 238)	Prosecution evidence taken first (section 244)
Discharge test	Charge groundless (section 239)	No case that, unrebutted, warrants conviction; or groundless earlier (section 245)
Charge	Section 240	Section 246
Prosecution evidence	Once, after charge (section 242)	Twice: before charge, and recall after it (section 246)

Stage	Police-report case	Complaint case
Defence	Section 243	Section 247
End	Sections 248 and 250	Sections 248 to 250 (section 249 applies only here)

The leading cases

Facts. In Ajoy Kumar Ghose v. State of Jharkhand, (2009) 14 SCC 115, decided on 18 March 2009, the Registrar General of the Patna High Court filed an official complaint against several persons, including the appellant. The appellant sought discharge under section 245(2) before any prosecution evidence was led, and the trial court refused.

Held. In a warrant case not on a police report, "the complainant gets two opportunities to lead evidence, firstly, before the charge is framed and secondly, after the charge." In a police-report case the prosecution has only one. Under section 245(1) the Magistrate weighs the evidence taken under section 244. Under section 245(2) he may discharge at any previous stage, even before evidence, but only if he finds the charge groundless. The matter was sent back for the prosecution evidence to be recorded.

Why it bears. It sets out the distinct shape of a complaint-based warrant trial.

Facts. In Onkar Nath Mishra v. State (NCT of Delhi), (2008) 2 SCC 561, decided on 14 December 2007, a wife's complaint led to a charge-sheet against her husband and in-laws for cruelty and criminal breach of trust. A Metropolitan Magistrate discharged them in part. On revision, the Sessions Court directed charges against all, and the High Court agreed.

Held. At the charge stage the court looks at the material "at their face value" to see whether the ingredients of the offence appear. It does not "go deep into the probative value of the material". Even "strong suspicion founded on material" can justify a charge. On the facts, the breach of trust charge failed against all and the cruelty charge against the in-laws. Only the husband was to stand trial for cruelty.

Why it bears. It states the test the Magistrate applies under sections 239 and 240.

Facts. In Ratilal Bhanji Mithani v. State of Maharashtra, (1979) 2 SCC 179, decided on 28 September 1978, a Magistrate discharged the accused in a customs conspiracy case after framing charges against them.

Held. In a warrant case the trial begins with the charge, and before it the proceedings are only an inquiry. After the charge, the Magistrate has no power to discharge. He must acquit or convict on the merits.

Why it bears. It marks the point of no return in a warrant trial.

Criticism

Complaint cases take long, as the same witnesses may be examined twice, before and after the charge.
Adjournments are still granted freely despite section 309.
Section 250 compensation for false cases is rarely ordered, so it deters little.

Under the Sanhita

From 1 July 2024, sections 261 to 273 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replace sections 238 to 250. Two time limits are new. A discharge application must be made within sixty days of the supply of documents (section 262(1)). The charge must be framed within sixty days of the first hearing on charge (section 263(1)). The accused may now be examined at the discharge stage by audio-video means (section 262(2)). Plea bargaining moves to sections 289 to 300.

Conclusion. A Magistrate's warrant trial has two entrances, a police report and a complaint, which meet at the charge. Before the charge the accused may be discharged, on the different tests of sections 239 and 245. After it, the trial runs to acquittal or conviction, with a hearing on sentence. Ajoy Kumar Ghose explains the two-stage evidence of a complaint case, and Onkar Nath Mishra the test for a charge. Ratilal Bhanji Mithani shows that the charge, once framed, cannot be undone by discharge.

B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2016 Dec (100 marks) Question Paper with Solutions

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