WARRANT TRIAL
The procedure of trial in warrant cases by magistrates in the following way:
Compliance with Section 207;
When accused shall be discharged;
Framing of charge;
Conviction on a plea of guilty;
Evidence for Prosecution;
Evidence for Defence Side;
Evidence for Prosecution;
When accused shall be discharged;
Again Evidence for Defence;
Acquittal or conviction;
Absence of Complaint;
Compensation for accusation without a reasonable ca
Cases instituted on a police report
This type of case is filed as an FIR in the police station and is the first step
in the process of warrant cases instituted on a police report. The case is
then forwarded to the Magistrate. When any case is instituted on a police
report, and the accused is brought or appears voluntarily before the
Magistrate, the Magistrate shall satisfy himself for complying with the
provisions of Section 207. And Section 238 to 243 of CrPC lays down the
procedure of trial of warrant cases instituted on a police report
Initial steps in the trial
The initial steps involve the filing of an FIR. Once the FIR is filed in the police station, an
investigation is conducted to discover the facts and relevant details of the case. Once the
investigation is completed, a charge-sheet is filed and the documents are forwarded by the
police station to the Magistrate. The steps in warrant cases instituted on police report are:
Supply of copy of police report to accused in compliance with Section 207. (Section 238)
Discharge of accused on baseless charges. (Section 239)
Framing of charges. (Section 240)
Conviction on a guilty plea. (Section 241)
Evidence for the prosecution. (Section 242)
Evidence for defence. (Section 243)
Cases instituted otherwise than on a police report
A warrant case instituted otherwise than on a police report begins when a
complaint is filed directly with a magistrate. The accused is brought or
appears before a magistrate. The Magistrate begins the proceedings of the
case by initiating the hearing process and files all the evidence received
with the record. Sections 244, 245, 246 and 247 of CrPC sets the procedure
of a warrant case instituted otherwise than on a police report and brought
directly to a magistrate by filing a complaint.
Initial steps in the trial
The initial steps involve filing a complaint with a magistrate. Once the complaint is filed in the
Magistrate, the accused is brought before the Magistrate or appears voluntarily. A hearing is
conducted to determine the facts of the case. The prosecution begins the steps to prove that the
accused has committed the offence beyond a reasonable doubt. And the defence can take the
necessary steps to challenge the accusations and prove that the accused did not commit the offence.
The steps in warrant cases instituted otherwise than on a police report are:
The preliminary hearing of the prosecution’s case.
Discharge of accused if the accusation is baseless. (Section 245)
Framing of charge. (Section 246)
Explaining charge to the accused. (Section 246(2))
Conviction on a guilty plea. (Section 246(3))
Choice of the accused to recall prosecution’s witness. (Section 246(5))
Evidence for Prosecution. (Section 244)
Evidence for Defence. (Section 247)
