Here’s a simplified summary of each section and subsection from Chapter XXI on Trial of

Warrant-Cases by Magistrates:

A. Cases Instituted on a Police Report

Section 261: Commencement of the Trial

 When the accused appears for a warrant-case based on a police report, the Magistrate
must ensure that all requirements of Section 230 (which involves informing the
accused of the charges) have been met.

Section 262: when discharge Discharge

1. The accused can ask for a discharge (a dismissal of charges) within 60 days after
charges are framed.

2. If, after reviewing the police report and documents, and hearing both sides, the
Magistrate thinks the charges are groundless, they can discharge the accused and
explain why.

Section 263: Framing Charges

1. If the Magistrate thinks there’s enough evidence for a charge, they will frame a
charge against the accused within 60 days of the first hearing.

2. The charge is read to the accused, who is then asked if they plead guilty or want to be
tried.

Section 264: Plea of Guilty

 If the accused pleads guilty, the Magistrate will record the plea and may convict the
accused immediately. Discretion of mag

Section 265: Plea Not Guilty / Refusal to Plead

1. If the accused refuses to plead or claims to be tried, or the Magistrate does not convict
them, the Magistrate will set a date to hear witnesses.

2. The accused must be given the witness statements from the police investigation in
advance.

3. The Magistrate can issue summons for witnesses to attend or provide evidence. On a
fixed date, video electronic means.
 4. The Magistrate will take the prosecution evidence and may allow cross-examination
to be postponed or re-call witnesses for further questioning. Evidence can also be
recorded via audio-video means.

Section 266: Defence of the Accused

1. The accused must present their defence and evidence. Any written statement by the
accused will be added to the record.

2. The accused can ask the Magistrate to summon witnesses or documents, and the
Magistrate must issue such orders unless it’s clear that the request is for delay or
harassment. Cannot call again

3. The Magistrate may require the accused to pay the witness’s attendance fees before
summoning the witness.

B. Cases Instituted Otherwise Than on a Police Report

Section 267: Hearing the Prosecution

1. If the case is not based on a police report, the Magistrate will begin by hearing the
prosecution’s evidence.

2. The Magistrate can issue summons for prosecution witnesses to attend or bring
evidence.

Section 268: Discharge of Accused

1. If, after hearing the prosecution’s evidence, the Magistrate thinks there’s not enough
evidence to convict the accused, they will discharge the accused.

2. The Magistrate can also discharge the accused at any earlier stage if they think the
charge is groundless, giving reasons for the decision.

Section 269: Framing Charges and Hearing the Accused

1. If the Magistrate believes there’s enough evidence, they will frame a charge against
the accused.

2. The charge is read to the accused, who is then asked if they plead guilty or want to
defend themselves.

3. If the accused pleads guilty, the Magistrate may convict them.

 4. If the accused doesn’t plead or refuses to plead, the Magistrate will ask if they want to
cross-examine the prosecution witnesses.

5. If the accused wants to cross-examine, those witnesses will be re-called and

examined.

6. If the prosecution witnesses cannot attend for cross-examination, the Magistrate may
consider them as not available and close the prosecution evidence.

Section 270: Defence and Evidence

 The accused will then present their defence and evidence, and the same rules apply as
in Section 266.

C. Conclusion of Trial

Section 271: Verdict and Sentencing

1. If the Magistrate finds the accused not guilty, they will acquit the accused.

2. If the accused is found guilty, the Magistrate will hear the accused on sentencing and
then pass a sentence as per the law.

3. If the accused has a previous conviction (as mentioned in Section 234), the
Magistrate can look into it after the conviction and may call for evidence regarding
the prior conviction. However, the accused cannot be asked about this conviction
unless they have already been convicted in the current case.

Section 272: Discharge of Accused if Complainant is Absent

 If the proceedings are based on a complaint and on a hearing day the complainant is
absent, and the offence can be compounded (settled) or is not a cognizable offence
(a less serious offence), the Magistrate can discharge the accused.

 However, the Magistrate must:

1. Give the complainant 30 days to appear.

2. Discharge the accused before the charge is framed (before the trial formally
begins).

Section 273: Compensation for Wrongful Accusations

1. Discharge or Acquittal of Accused:

o If the case is based on a complaint or information and the Magistrate

discharges or acquits the accused because there was no reasonable ground for
the accusation, the Magistrate can ask the complainant to show cause (explain)
why they should not pay compensation to the accused.

o If the complainant is absent, the Magistrate can issue a summons to make

them appear and explain.

2. Compensation for the Accused:

o If the Magistrate finds that the complaint was groundless, they can order the
complainant to pay compensation to the accused. The amount of
compensation cannot exceed the fine the Magistrate is allowed to impose.

o The Magistrate will record reasons for the decision.

3. Imprisonment for Non-payment of Compensation:

o If the complainant does not pay the compensation, the Magistrate can order
simple imprisonment for up to 30 days.

o Sections 68 and 69 of the Bharatiya Nyaya Sanhita (2023) will apply in such
cases.

4. No Impact on Other Liabilities:

o Paying compensation doesn’t release the complainant from other civil or

criminal liabilities related to the complaint.

o If the accused receives compensation, it may be considered in future civil

lawsuits related to the same matter.

5. Appeal Against Compensation Orders:

o A complainant or informant who is ordered to pay compensation exceeding

₹1,000 by a Magistrate of the second class can appeal the order, as if they
were convicted.

6. Delay in Payment of Compensation:

 o If the order for compensation is under appeal, the compensation will not be
paid until:

1. The period for appeal has passed, or

2. The appeal decision is made.

o If there’s no appeal, the compensation is not paid until one month after the
order.

7. Applicability to Both Summons and Warrant Cases:

o The provisions of this section apply to both summons-cases and warrant-

cases.

In simpler terms, Section 272 allows the accused to be discharged if the complainant is
absent and the case involves a minor offence. Section 273 deals with situations where the
Magistrate believes the complaint was unreasonable or groundless and orders the
complainant to compensate the accused. If the complainant refuses to pay, they may face
imprisonment. There are also rules about appealing the compensation order and the delay in
its payment.