warrant trial Sec 238-250

Warrant trial CPC

1. Warrant trial (sec. 238-250) Name – Praveen Kumar Yadav Enroll. No. – 04113403818 Class – 3 rd A Sub – Code of criminal procedure

2. Sec2.Warrant case Section 2 (x) defines warrant cases where the punishment prescribed by the law for the offence tried is more than 2 years of imprisonment including incarceration for life and the death penalty. Trial of Warrant cases begins either by filing of FIR in a police station by filing a complaint before a Magistrate.

3. Cases instituted on Police Report Section 238 :   Compliance with section 207 In any warrant case instituted on a police report, when the accused appears or is brought before a magistrate for the trial, the magistrate shall satisfy himself that he has complied with the provisions of  section 207  (supply the copy of police report and other related documents to the accused ). Section 239 :  When accused shall be discharged This section should be read with section 240. It is the duty of the court to frame the charges, and therefore the court must consider the matter. This section says that the magistrate has to record his reasons for discharging the accused.

4. State of Himachal Pradesh vs. Krishan Lal, 1987 In this case, the Hon’ble Supreme Court held that there was sufficient material on record, and the judge had found that the prima facie case has been made out. But his successor judge came to the conclusion on the same material that no charge could be made and hence passed an order of discharge. It was held by the Supreme Court that no order of discharge could be passed by the successor . Section 240 :   Framing of charge Section 240 not only authorises the magistrate to consider the police report and the document sent with it under  section 173  but to examine the accused if he thinks fit. According to clause 2 of this section, 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 claim to be tried.

5. Bhawna Bai v. Ghanashyam & Ors it was held that while framing the charges, prima facie case has to be seen and at that stage, the Court is not required to record order. Also, it is not necessary to record whether the case is beyond reasonable doubt. Section 241 :  Conviction on plea of guilty After framing the charge if the accused pleads guilty, then the magistrate shall record the plea and convict him according to his discretion. Section 242 :  Evidence for prosecution If the accused does not plead guilty, then the magistrate does not convict him, and the magistrate shall fix a date for the examination of witnesses.

6. The proviso of this section says that the magistrate will supply in advance the statement of witnesses recorded during the investigation by the police . According to clause 2, the magistrate may summon to the witnesses to attend the court or to produce any document, on the application of the prosecution. According to clause 3, the magistrate shall proceed and may permit the cross-examination of any witness. Section 243 :  Evidence for defence The magistrate shall call the accused to enter in his defence and produce evidence and will allow for cross-examination. Kanti Bhadra Shah v. State of W.B. (2000 ) Whenever in any case filed on a Police Report, Magistrate feels that there is no prima facie case against accused and he discharges him, the Magistrate has to write the reasons too for the discharge.

7. Cases instituted otherwise than on Police Report Section 244 :  Evidence for prosecution When a warrant case is instituted otherwise than on a police report, the accused appears or is brought before a magistrate; the magistrate shall proceed for evidence for the prosecution and summon the witnesses or document on the application of the prosecution. Ajay Kumar Ghosh v. State of Jharkhand (2009) Trial court cannot proceed with the framing of the charges until they collect evidences or fulfil the procedure given under S. 244 . Section 245 :  When accused shall be discharged The discharge order can be passed when the magistrate finds that “no case has been made out.”

8. Section 246 :  Procedure where accused is not discharged If the magistrate is satisfied, then he can frame the charge and proceed further. The charge shall be read and explained to the accused, and he shall be asked whether he pleads guilty or not or has any defence to make. According to clause 3, if the accused pleads guilty, the magistrate shall, according to his discretion, convict the accused. If the accused does not plead guilty, then the magistrate will move forward. Section 247 :  Evidence for defence The accused will be called to enter upon his defence and to produce evidence.

9. Conclusion of Trial Section 248 :  Acquittal or conviction S. 248 (1) - After conclusion of trial, if Magistrate finds accused not guilty then acquit him. 248 (2) – if finds guilty and case is not falling under S. 325 (where Magistrate. cannot pass sufficient sentence) or under S. 360 (probation or admonition of offender) then, pass sentence accordingly. 248 (3) - If accused previously convicted then, sentence him accordingly, if he accepts his previous conviction. However, if accused doesn’t accept his previous conviction then, magistrate. Will listen to that charge in detail and then he will decide. Provided, no such hearing on the previous charge will be done until and unless the accused has been convicted .

10. Section 249 :  Absence of complainant If the complainant is absent on the day fixed for the hearing of the case, the magistrate may in his discretion discharge the accused if- I.  The offence is compoundable. II.  The offence is non-cognizable. III.  The proceedings have been instituted on the complaint. IV.  The charge has not been framed. All of the above elements are necessary. Under this section, the magistrate has discretion. He may discharge the accused or may proceed with the case. It is done by the magistrate before the charge has been framed. After the framing of charge, the magistrate cannot discharge the accused due to default of appearance by the complainant .

11. Death of complainant in trial Where in the course of the trial for different defamation the complainant dies, the magistrate need not discharge the accused but can continue with the trial. The person liable to pay compensation is a person on whose complaint or information the accusation is made. Here, a person includes a juristic person also. Compensation is awarded to the person who has suffered from the accusation and not to his relatives. Before awarding compensation, the magistrate shall not only record but also consider any objection which the complainant or informant raised against the direction. The provisions are imperative (of vital importance) in nature and must be complied with. Section 250 :  Compensation for accused without reasonable cause 250 (1) - If in any case, accused is discharged or acquitted by Magistrate. and he is of the opinion that there was no reasonable ground for making accusation → Magistrate may call the complainant or the informant to show cause why he should not pay compensation to such accused, for the false accusation.

12. 250(2) - if magistrate finds no reasonable ground then, he can order such compensation as he thinks fit, not exceeding the amount of fine he is competent to impose . 250(3) - default of payment of compensation → imprisonment for maximum 30 days. 250(5 ) - order of compensation under this section, won’t dissolve the complainant or informant from any civil or criminal liability but the amount of compensation already paid will be taken into consideration in the subsequent suit. 250(6) – if order to pay compensation is given by Judicial Magistrate 2nd class and amount is more than Rs 100 then, complainant or informant can appeal from such order as if he was convicted on a trial by such magistrate . 250 (7) - no payment should be made to accused of the compensation - a) Till the period for filing of appeal has elapsed b) If appeal presented, before the appeal has been decided c) If order cannot be subjected to appeal → till expiration of 1 month from the date of order. 250 (8) - Provisions of this section apply to both summon cases as well as warrant cases