Trial of Warrant Cases on a Police Report
Chapter Forty-One
Syllabus topic 2.2, "Trial before various Courts: b. Warrant Cases by Magistrates-Sections 238 to 250"
Pages 272 to 276 of 699
In one line
Where a warrant case comes to a Magistrate on a charge sheet, he first checks the accused has his documents, then decides whether the charge is groundless, then frames it and tries the case.
In exam wording: sections 261 to 266 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribe the procedure for the trial of a warrant case instituted on a police report, requiring compliance with section 230, providing for discharge where the charge is groundless, for the framing of charge, the plea, the prosecution evidence and the defence evidence.
Why the law has this at all
A warrant case is a case relating to an offence punishable with death, imprisonment for life, or imprisonment exceeding two years, section 2(1)(z). It is serious enough to deserve a charge and a full trial, but not grave enough to be sent to a Court of Session.
The Code therefore gives it the same architecture as a Sessions trial, in a shorter form. And it forks the procedure on the same line the definitions do: whether the case comes on a police report or otherwise. That fork matters because a case on a police report arrives with an investigation behind it and a set of documents the accused must be given, while a complaint case arrives with nothing but the complainant's word.
Some words this chapter uses
Groundless is the standard for discharge here, and it is a stronger word than "not sufficient ground". A groundless charge is one with no foundation at all.
Warrant case is defined in section 2(1)(z), and it is defined by the punishment the offence can attract, not by the process issued.
Deferred cross-examination is cross-examining a witness after others have been heard, which the Magistrate may permit under the first proviso to section 265(3).
Section 261: the documents check
When, in any warrant case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 230.
Section 230, taught in [Issue of Process and Supply of Documents], requires the police report, the FIR, the section 180(3) statements, any section 183 confessions and statements, and the other documents to be furnished free and within fourteen days of the accused's production or appearance.
Section 261 is short but it is not a formality. It makes the supply of documents the first thing in the trial and it puts the duty of checking on the Magistrate, not on the accused.
Section 262: discharge
Sub-section (1), new: the accused may prefer an application for discharge within sixty days from the date of supply of copies of documents under section 230.
Trial of Warrant Cases on a Police Report
Sub-section (2): if, upon considering:
- the police report and the documents sent with it under section 193;
- such examination of the accused, if any, as the Magistrate thinks necessary, either physically or through audio-video electronic means; and
- after giving the prosecution and the accused an opportunity of being heard,
the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused and record his reasons.
Three features. The sixty days runs from the supply of documents, not from the appearance. The examination of the accused is optional and may be by audio-video electronic means. And the test is groundless.
Section 263: framing of charge
If, upon such consideration, examination and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under the Chapter:
- which 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 within sixty days from the date of first hearing on charge.
Sub-section (2). The charge is then read and explained to the accused, and he is asked whether he pleads guilty or claims to be tried.
The two competence conditions are worth noticing. A Magistrate does not frame a charge he cannot try, and he does not frame one he could try but could not punish adequately. Where the sentence the case deserves is beyond his powers, the route is the submission provisions of Chapter XXVI.
Sections 264 to 266: plea, prosecution, defence
Section 264, plea of guilty. If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him on it.
Section 265, prosecution evidence.
Sub-section (1). If the accused refuses to plead, does not plead, claims to be tried, or is not convicted under section 264, the Magistrate fixes a date for the examination of witnesses. The proviso, new: the Magistrate shall supply in advance to the accused the statement of witnesses recorded during investigation by the police.
Sub-section (2). On the prosecution's application, the Magistrate may issue a summons to any of its witnesses to attend or produce a document or thing.
Sub-section (3). On the date fixed, the Magistrate takes all such evidence as may be produced in support of the prosecution. The first proviso: he may permit cross-examination to be deferred until other witnesses have been examined, or recall any witness for further cross-examination. The second proviso, new: the examination of a witness may be done by audio-video electronic means at the designated place notified by the State Government.
Trial of Warrant Cases on a Police Report
Section 266, defence evidence.
Sub-section (1). The accused is called upon to enter on his defence and produce his evidence; any written statement he puts in is filed with the record.
Sub-section (2). If, after entering on his defence, he applies for process to compel the attendance of a witness for examination or cross-examination, or the production of a document or thing, the Magistrate shall issue it unless he considers the application is made for vexation or delay or for defeating the ends of justice, and that ground shall be recorded in writing.
The first proviso, and it is the limit that matters. Where the accused has cross-examined, or had the opportunity of cross-examining, a witness before entering on his defence, the attendance of that witness shall not be compelled under this section unless the Magistrate is satisfied that it is necessary for the ends of justice.
The second proviso: examination by audio-video electronic means at a designated place.
Sub-section (3). The Magistrate may, before summoning a witness on the accused's application, require the reasonable expenses of that witness to be deposited in Court.
A worked example
Rakesh is charge-sheeted at Vasai for an offence punishable with five years, which makes it a warrant case.
First thing at the trial. The Magistrate satisfies himself that Rakesh has been given the police report, the FIR, the witness statements, any confession and the other documents, section 261 read with section 230.
Rakesh wants a discharge. He applies within sixty days from the date those copies were supplied, section 262(1). The Magistrate considers the police report and the section 193 documents, may examine Rakesh physically or by audio-video electronic means, hears both sides, and, if he considers the charge groundless, discharges him with reasons.
The charge is not groundless. The Magistrate asks himself whether there is ground for presuming that Rakesh committed an offence he is competent to try and could adequately punish. If so, he frames the charge in writing within sixty days of the first hearing on charge, reads and explains it, and asks Rakesh to plead, section 263.
Rakesh claims to be tried. A date is fixed. Before that date the Magistrate must supply him the statements of the witnesses recorded during investigation, proviso to section 265(1). The prosecution's witnesses are summoned on its application, and their evidence is taken. One witness is abroad and deposes by audio-video electronic means at a notified place, second proviso to section 265(3).
Rakesh's advocate wants to cross-examine one witness only after another has been heard. The Magistrate may permit that, first proviso to section 265(3).
Trial of Warrant Cases on a Police Report
Rakesh enters on his defence and applies for a summons to a witness he has already cross-examined. The Magistrate shall not compel that witness's attendance unless satisfied it is necessary for the ends of justice, first proviso to section 266(2). For a fresh witness the Magistrate shall issue process, unless he records that the application is for vexation, delay or defeating the ends of justice, and he may require the witness's reasonable expenses to be deposited first, section 266(3).
Distinctions
| Sessions trial | Warrant case on a police report | |
|---|---|---|
| Opening | Prosecutor opens the case, section 249 | Magistrate checks compliance with section 230, section 261 |
| Discharge test | Not sufficient ground for proceeding, section 250 | Charge is groundless, section 262 |
| Sixty days runs from | Commitment | Supply of documents under section 230 |
| Extra conditions on framing | None beyond ground for presuming | Also competent to try and able to punish adequately, section 263 |
| Acquittal without defence | Section 255, where there is no evidence | No equivalent; acquittal comes at the end under section 271 |
| Section 265, Part A | Section 267, Part B | |
|---|---|---|
| Applies to | A warrant case on a police report | A warrant case otherwise than on a police report |
| Order of events | Discharge, then charge, then evidence | Evidence first, then discharge or charge |
| Marginal note | "Evidence for prosecution" | "Evidence for prosecution" |
What this does NOT mean
Section 261 is not satisfied by the accused not complaining. The duty is on the Magistrate to satisfy himself.
"Groundless" is not the same as "weak". It is the absence of a foundation, which is why the accused may still be discharged although the prosecution has led no evidence at all at that stage.
Section 266(2)'s proviso does not bar recalling a witness. It requires the Magistrate to be satisfied that recall is necessary for the ends of justice where the accused already had his chance to cross-examine.
And a plea of guilty does not oblige a conviction. Section 264 gives the Magistrate a discretion.
Quick revision
- 261: the Magistrate must satisfy himself that section 230 was complied with, at the commencement of the trial.
- 262: discharge application within sixty days of the supply of documents; on the police report, the section 193 documents, an optional examination of the accused, physically or by audio-video electronic means, and after hearing both sides; the test is groundless; reasons recorded.
- 263: ground for presuming, plus the offence must be one the Magistrate is competent to try and could adequately punish; charge framed in writing within sixty days of the first hearing on charge; read and explained; plea taken.
- 264: plea of guilty recorded; conviction discretionary.
- 265: date fixed; statements of investigation witnesses supplied in advance; summonses on the prosecution's application; all prosecution evidence taken; cross-examination may be deferred and witnesses recalled; examination by audio-video electronic means at a notified place.
- 266: defence entered; written statement filed with the record; process shall issue unless refused for vexation, delay or defeating the ends of justice, recorded in writing; a witness already cross-examined is not compelled unless necessary for the ends of justice; the Court may require the witness's expenses to be deposited.
Trial of Warrant Cases on a Police Report
Test yourself
1. What is the first thing a Magistrate does in a warrant case on a police report? Satisfies himself that he has complied with section 230, that is that the accused has been furnished with the police report and the other documents, section 261.
2. On what ground is the accused discharged, and within what time may he apply? Where the Magistrate considers the charge groundless, section 262(2); and the application may be preferred within sixty days from the date of supply of copies of documents under section 230.
3. What two extra conditions must be satisfied before a Magistrate frames a charge? That the offence is one he is competent to try, and one which in his opinion could be adequately punished by him, section 263(1).
4. What must be supplied to the accused before the prosecution evidence begins? The statements of witnesses recorded during investigation by the police, proviso to section 265(1).
5. May a witness already cross-examined be recalled at the defence's request? Only if the Magistrate is satisfied that it is necessary for the ends of justice, first proviso to section 266(2).
6. Can the Magistrate require anything before summoning a defence witness? Yes, that the reasonable expenses incurred by the witness in attending be deposited in Court, section 266(3).
7. How does discharge here differ from discharge in a Sessions trial? The test is that the charge is groundless, section 262, whereas in a Sessions trial it is that there is not sufficient ground for proceeding, section 250; and the sixty days runs from the supply of documents rather than from the commitment.
The rest of this subject
These notes are cut from the University's printed syllabus. Open the syllabus itself, or the past papers, for the same subject.