FAIRFIELD INSTITUTE OF MANAGEMENT

AND TECHNOLOGY

PROVISIONS REGARDING WARRANT CASES IN

MAGISTRATE COURT

SUBJECT NAME: CODE OF CRIMINAL PROCEDURE

SUBJECT CODE: 310

SUBMITTED TO: SUBMITTED BY:

MR. ANIL RAUNAQ CHHIBBER
42390103817

BA.L.L.B. / 6TSEMESTER

SECTION: D
TABLE OF CONTENTS

SNO CONTENTS PAGE NO:

1
INTRODUCTION 1

2
OBJECTIVE 2

3
PROVISION REGARDING WARRANT CASES IN 3-8
MAGISTRATE COURTS

4
CONCLUSION 9

5
BIBLIOGRAPHY 10
INTRODUCTION
Criminal cases can be divided into two types: Summon cases and warrant cases. A summons
case relates to an offence not being a warrant case. Warrant cases are those That include offences
punishable with death penalty, imprisonment for life or imprisonment exceedingly more than 2
years. The criteria that differs a summon case warrant case is determined by the duration of
punishment in any offence.
The magistrates court forms the Bedrock of the legal system in India and the process of trial of
warrant cases conducted by a magistrate. This is explained in the Criminal Procedure Code,
1973, which classifies warrant cases as those that involve offences punishable with death
penalty, imprisonment for life and imprisonment exceedingly more than 2 years. warrant case
proceedings can begin by filing a FIR in the police station. In this case, the police conduct an
investigation and forward the report to the magistrate. the magistrate then further the proceeding
under the procedure established by the law and the offender is brought before the magistrate or
appears voluntarily. what the complaint can be filed directly with the magistrate to initiate the
proceedings against an offender.
OBJECTIVE
1. To develop for the understanding of the theories and concepts covered in the course
2. To develop a practice of learning new aspects of the subject and develop a habit of research
related to the subject
A warrant case is a case relating to an offence punishable with death, imprisonment for life or
imprisonment for a term exceeding 2 years. cases tried before a court of session are all warrant
cases except the cases of defamation tried under section 237. this case is being of relatively more
serious type, the trial procedure prescribed is rather elaborate full stop the rest of the warrant
cases are to be tried by magistrate as shown in the column 6 of the first schedule full stop the
trial procedure described in respect of these offences is contained in section 238 to 250, and is
discussed in this assignment.

CASES INSTITUTED ON A POLICE REPORT

1) INTITIAL STEPS IN THE TRIAL

a) SUPPLY OF COPIES TO THE ACCUSED
When in any warrant case instituted on a police report, the accused appears or is brought
before a magistrate at a commencement of the trial, the magistrate shall satisfy himself
that has compiled with the provisions of section 207. The object of this provisions is to
enable the accused to have an all-round picture of the case against him even at the
commencement of the enquiry and in order to enable him to cross examine the witness on
such defense as he may set up and to avoid delay.

b) DISCHARGE OF ACCUSED IF ALLEGATIONS AGAINST HIM ARE

BASELESS
If upon considering the police report and the documents sent to it under section 173 and
making such examination, if any, of the accused things necessary and after giving the
prosecution and the accused and opportunity of being, the magistrate considers the charge
against the accused to be groundless, he shall discharge the accused and record his reason for
doing so.

c) FRAMING OF CHARGE
Upon such consideration of the police report and the documents sent with it under section
173, the examination of the accused if any and hearing the parties, the magistrate is of
opinion that there is ground for you mean that the accused has committed an offence tribal
 under this chapter which such magistrate 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.

d) EXPLAINING THE CHARGE TO THE ACCUSED

After the framing of the charge it shall then be read and explain to the acute and he shall be
asked whether he plead guilty of the offence charged for claims to be tried.
The section requires that the charge should not only be read out but should be explained to
the accused in a manner which ensures that the accused as understood it properly. if he has
been made aware of the offences, a mistake in charges while taking cognizance may not
prejudice the accused.

e) CONVICTION ON PLEA OF GUILTY

If the accused pleads guilty, the registered shall record the plea and may, in his discretion
convert him there on.
If the facts alleged against the accused do not constitute a crime under such circumstances is
only admission of fact and not an admission of guilt.
If the accused is convicted on his plea of guilty, the magistrate shall, unless he proceeds in
accordance with the provisions of section 325 or 360, hear the accused on the question of
sentence and then pass sentence according to law.

f) FIXING DATE FOR EXAMINATION OF WITNESS

If the accused refuses to plead or does not lead, or claims to be tried for the magistrate does
not convicted the accused under section 241, the magistrate shall fix a date for the
examination of witnesses. recording of the evidence on the very day on which the charges is
framed would render the proceedings illegal. The magistrate may, on the applications of the
prosecution comma issue summons to any of its witnesses directing him to attend or to
produce any document of things. The word may suggest that the magistrate has discretion in
the matter of issuing to a prosecution witness.

3. EVIDENCE FOR PROSECUTION

a) EXAMINATION OF WITNESS
On the date, so fixed for the examination of witnesses, the magistrate shall proceed to
take all such evidence as may be produced in support of the prosecution:
Provided that the magistrate may permit the cross-examination of any witness to be
deferred until any other witness or recall any witness for further cross-examination.
The magistrate is to take all the evidence adduced by the prosecution, and he cannot
acquit the accused after taking only part of the prosecution evidence. It is improper to
close the prosecution evidence or to dismiss the case on the grounds that the fitness
against whom process was issued did not appear on thee date of hearing. Once the court
to enforce issues process against the witness, it is the bounden duty of the court to
enforce the attendance of the witnesses. If the cases are dismissed because of willful
default of committed by the witnesses then the situation may arise where the court as well
as the party will be the competent mercy of the witnesses. This will defeat the end of
justice.

b) RECORD OF THE EVIDENCE

In all warrant cases tried before a magistrate, the evidence of each witness shall, as his
examination proceeds, be taken down in writing either by the magistrate himself or, by
his dictation in the open court or, where he is unable to do so owing to a physical or other
incapacity, under his dictation and superintendence, by an officer of the court appointed
by him in this behalf.
Where the magistrate causes the evidence to be taken down, he shall record that the
evidence could not be taken down by himself for the reasons referred to in sub-section
above
Such evidence shall ordinarily be taken down in the form of a narrative; but the
magistrate may, in his discretion, take down part of this evidence in the form of question
answer.
The evidence so taken down shall be signed by the magistrate and shall form part of the
record.
The provisions regarding reading over of the evidence to each witness, the recording of
the remarks respecting the demeanor of a witness, the language in which the evidence is
to be recorded, the interpretation of the evidence to the accused or his pleader, are the
same as are applicable in respect of evidence recorded in a trial before a court of session.
These provisions have already been discussed.
CONCLUSION

With the help of this assignment I was able to enhance and enrich my knowledge about
the warrant cases which are tried under the magistrate courts, along with the procedures
and the proceedings and the many pre-requisites of a warrant case trial and also the
importance of a fair trial with the objective of serving justice.
 BIBLIOGRAPHY

 R.V. KELKAR’S CRIMINAL PROCEDURE

EASTERN BOOK COMPANY (PUBLISHER)
 LEGALSERVISEINDIA.COM
 WIKIPEDIA