Introduction:
Criminal cases are of various kinds: Summons Cases and Warrant cases tried by a Magistrate on the basis of the offences so as to have been committed by the accused. Section 2 (w)[1] of the Code defines summons cases as those matters which are dogged not to be a warrant case. Thus it is vital to define what warrant case is. Section 2 (x)[2] defines warrant case anywhere the punishment prearranged by the law for the wrongdoing tries is more than 2 years of imprisonment including imprisonment for life and the death penalty. Hence cases in relation to the trial of offences for which prescribed punishment is more than 2 years are called warrant case. And in such cases, police are given the power to arrest the individual on such warrant devoid of giving any chance to capitulate him.[3]
Scope
A magistrate creates a concrete plan for the legal system in the country and the progression of the trial of warrant cases conducted by him. This is characterised very well in code of criminal procedure under numerous sections. Warrant cases can be initiated by recording a first information report at the police station. Further in which police leads an investigation and forward the report to magistrate and magistrate facilitate to continue as set up under the code. Another way is if the complaint is filled straight up to magistrate and he initiates the proceedings, not in favour of the alleged offender.
Kinds of Trial in a Warrant Case
The process of trial in warrant cases are of 2 forms:
1. Trial of Warrant Cases by Police Report
Under section 173(1) of the procedure code, it says that police report is a report which is forwarded to the magistrate by a police officer after conducting a comprehensive investigation without uncalled for postponement.[4] The very beginning is from filing a first information report/ FIR in the police station.
Steps to be followed
Once the FIR be been logged in police station investigation is conducted. The steps which are followed are:
- Supply of copy of the police report to the accused to act in accordance with section 207[5]
According to section 207 accused is given one copy of the police report and all other documents by the magistrate for free of cost. Documents like a police report, FIR report under section 154, the statement recorded of all person whom prosecution would examine as its witness under section 161(3), confessions, or any other relevant document.[6]
Section 238 states that when a person appears or is presented before the magistrate before the commencing of the trail, magistrate himself shall assure that a copy of police report has been provided to him in the execution of section 207. This process is to put together that the said accused is well aware of the charges pressed against him and can prepare for defence under fair trial by law
- Discharge of accused if contentions are with no base
Magistrate when receives the report of police and after confirming with accused of his knowledge on the same he shall go through all the reports and after giving a fair opportunity of being heard to accused if he seems satisfied after examining that all the charges are baseless and lack substance the accused shall be discharged under section 239 on prima facie of the case and magistrate shall record the reason for the same.[7]
In the case of State vs. Sitaram Dayaram Kachhi[8] appeal for exoneration of the accused was made from the judgment of the first-class magistrate of khargone for the charge of section 308 of I.P.C. the court said that when there is no evidence to hold up the prosecution case a person cannot be held convicted and thus Sitaram was set free
- Framing of charges
If after hearing from an accused magistrate is of opinion on prima facie that there are valid grounds to pre assume that person is guilty or is proficient of committing such an act, then the written charges are framed against him. The charges shall be after that comprehends and put in plain words to accused and he shall be questioned whether he implore guilty of the offence or claims to be tried.[9]
- Conviction on guilty plea
Stipulated that the accused appeal guilty, the Magistrate shall document the petition and may, in his discretion, convict him thereon.[10]
- Verification for prosecution
Section 242 defines the procedure with regards to collecting evidence, not in favour of accused and recording. If accused refuses to plead or does not pleas or claims to be tried then magistrate shall fix a date for the examination of the witness. Then he issues summons to any witness as by application of prosecution and directs him to attend or produce any document or anything else. [11]Steps involved are:
- Setting up the date of inspection of witness[12]
- Examining of witness
- Presentation of proof[13]
- Recording of the data[14]
- Evidence for defence
Under section 243 the course of action in regards to gathering and presenting the substantiation of evidence in the defence of accused is laid down. After the prosecution is done with their witness examination, the accused may come up with his defence, and may even call for cross-examination of a witness produced by the prosecution. The Magistrate may perhaps, before convening any witness on an application under subsection (2), require that the rational expenses incurred by the witness in attending for the reason of the trial be put down in Court. B. – Cases instituted otherwise than on police report.[15]
2. Trial of Warrant Cases Other than Police Report
These kinds of trials are commenced when a straight complaint is being made to the magistrate rather than filling an FIR to police. The accused is presented or emerge directly in front of magistrate and magistrate commences the proceeding by starting the hearing process and files all evidence received. The procedure for these trails is same as trails initiated by a police report.[16]
STEPS followed are as similar as of above mentioned step:
- Primary hearing of the prosecution’s case
This is the initial phase in the procedures of the case after the denounced is brought or shows up before a judge. The Magistrate thinks about the allegations and decides whether the allegations have any base and a body of evidence can be made out against the denounced. In the event, if Magistrate confirms that no case has been made out as the allegations need substance and are baseless than the case will be excused and the charged will be released.[17]
- Discharge of accused [18]
- Framing of the charges[19]
- Explaining charge to accused[20]
- Conviction on a plea for guilty[21]
- Evidence of Prosecution[22]
- Evidence of Defence[23]
Reimbursement of Accusation without a Rational Ground
On the off chance that regardless founded upon grumbling or upon data given to a cop or to a Justice, at least one people is or are blamed before an Officer for any offence by a Judge, and the Judge by whom the case is heard releases or clears all or any of the denounced, and is of feeling that there was no sensible ground for making the allegation against them or any of them, the Officer may, by his request for release or quittance, if the individual upon whose grievance or data the allegation was made is available, call upon him forthwith to show cause why he ought not to pay to such blamed or to each or any for such charged when there are multiple; or, if such individual is absent, direct the issue of a summons to him to show up and show cause as aforementioned.[24] On the off chance, there is more than a single denounced individual, the Justice will pass a request to the complainant to pay to all the indicted than a single charged individual, the Judge will pass a request to the complainant to pay remuneration to all the blamed. Malfunction in compensation of amount by the petitioner will end result in simple imprisonment, not more than 30 days.[25] If the person is by now in imprisonment after that Section 68 and 69 of the Indian Penal Code will be functional. And an individual who has been bound to pay reimbursement sum will be off the hook from any criminal or civil legal responsibility in reverence of the complaint. [26]
At the point when a request for the instalment of pay to a blamed individual is put forth in a defence which is liable to bid under sub-area (6), the remuneration will not be paid to him before the period took into consideration the introduction of the intrigue has slipped by, or if intrigue is introduced before the intrigue has been chosen; and where such request is presented in a defence which isn’t so liable to offer the pay will not be paid before the termination of one month from the date of the request.[27]
Conclusion of the Trial
The trial can just end in either a conviction or exoneration of the charged. The decision of the Court with reference to the conviction or forgiveness of a blamed is known as judgment. On the off chance that the blamed is vindicated for the offence, the indictment is allowed time and a chance to bid the Court against the request for exoneration. On the off chance that the denounced is sentenced in the wake of watching the proof and decided to be blameworthy of submitting the offence, the two sides are allowed a chance to give contentions on discipline to be served. This can be regularly seen in conviction instances of a life sentence or capital punishment.[28]
References:
[1] Code of criminal procedure, 1973.
[2] Code of criminal procedure, 1973.
[3] Ashish Agarwal, Trial of Warrant Cases under the CrPC, 1973 LEGAL BITES, (September 7, 2020, 7:30 pm) https://www.legalbites.in/trial-of-warrant-cases-under-the-code-of-criminal-procedure-1973/#police.
[4] Section 173(1), Code of Criminal Procedure, 1973.
[5] Section 238, Code of Criminal Procedure, 1973.
[6] Section 207, Code of Criminal Procedure, 1973.
[7] Section 239, Code of Criminal Procedure, 1973.
[8] State vs. Sitaram Dayaram Kachhi AIR 1958 MP 99, 1958 CriLJ 522.
[9] Section 240, Code of Criminal Procedure, 1973.
[10] Section 241, Code of Criminal Procedure, 1973.
[11] Section 242, Code of Criminal Procedure, 1973.
[12] Section 242(1), Code of Criminal Procedure, 1973.
[13] Section 242(2), Code of Criminal Procedure, 1973.
[14] Section 242(3), Code of Criminal Procedure, 1973.
[15] Section 243, Code of Criminal Procedure, 1973.
[16] Mariya Paliwal, Trial of Warrant Cases by Magistrate Under CrPC, IPLEADER BLOG, (September 8, 2020, 9:30 p.m.), https://blog.ipleaders.in/trial-of-warrant-cases-by-magistrates/#Cases_instituted_on_a_police_report.
[17]Mariya Paliwal, Trial of Warrant Cases by Magistrate Under CrPC, IPLEADER BLOG, (September 8, 2020 9:30 p.m.), https://blog.ipleaders.in/trial-of-warrant-cases-by-magistrates/#Cases_instituted_on_a_police_report.
[18] Section 245, CrPC, 1973.
[19] Section 246, CrPC, 1973.
[20] Section 246(2), CrPC, 1973.
[21] Section 246(3), CrPC, 1973.
[22] Section 244, CrPC, 1973.
[23] Section 247, CrPC, 1973.
[24] Section 250(1), CrPC, 1973.
[25] Section 250(2) (3), CrPC, 1973.
[26] Section 250(4), CrPC, 1973.
[27] Section 250(7), CrPC, 1973.
[28] Section 248, CrPC, 1973.
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