According to Section 2(x) of Code of Criminal Procedure, 1973 a warrant case is one which relates to offences punishable with death, imprisonment for life or imprisonment for a term exceeding two years. The trial in warrant cases starts either by the filing of FIR in a police station or by filing a complaint before a Magistrate. Later, if the Magistrate is satisfied that the offence is punishable for more than two years, he sends the case to the Sessions court for trial. The process of sending it to Sessions court is called “committing it to Sessions court”.
Important
features of a warrant case are:
• Charges must be mentioned in a warrant case
• Personal appearance of accused is mandatory
• A warrant case cannot be converted into a
summons case
• The accused can examine and cross-examine the
witnesses more than once.
• The Magistrate should ensure that the
provisions of Section 207 are complied with. Section 207 of Cr. P.C. 1973,
include the supply of copies such as police report, FIR, statements recorded or
any other relevant document to the accused.
The
stages of trial in warrant cases are given from Section 238 to Section 250 of
the Code of Criminal Procedure, 1973.
A. Different Stages of Criminal Trial
in a Warrant Case when instituted by the police report
•
First Information Report: Under
Section 154 of the Code of Criminal Procedure, an FIR or First Information Report is registered by any
person. FIR puts the case into motion. An FIR is information given by someone (aggrieved) to the police relating to the commitment of an offense.
• Investigation: The next step after the filing of FIR is the investigation by the investigating officer. A conclusion
is made by the investigating officer by examining facts and circumstances,
collecting evidence, examining
various persons and taking their statements in writing and all the other steps necessary
for completing the investigation and then that conclusion is filed to the Magistrate as a police
report.
• Charges: If after considering
the police report and other important documents the accused is not discharged then the court frames charges
under which he is to be tried.
In a warrant case, the charges should
be framed in writing.
• Plea of guilty: Section
241 of the
Code of Criminal
Procedure, 1973 talks about the plea of guilty. After
framing of the charges the accused is given an opportunity to plead
guilty, and the responsibility lies with
the judge to ensure that the plea of guilt was voluntarily made. The judge may
upon its discretion convict the accused.
• Prosecution evidence: After the
charges are framed, and the accused pleads not guilty, then the court requires the prosecution to produce
evidence to prove the guilt of the accused. The prosecution is required to support their evidence with
statements from its witnesses. This process is called “examination in chief”. The magistrate has the power to issue
summons to any person as a witness or orders him to
produce any document.
• Statement of the accused: Section
313 of the Criminal Procedure Code gives an opportunity to the accused to be heard and explain the facts
and circumstances of the case. The statements of accused are not recorded
under oath and can
be used against him in the trial.
• Defence evidence: An
opportunity is given to the accused to produce evidence so as to defend his case. The defense
can produce both oral and documentary evidence.
• Judgement: The final decision of
the court with reasons given in support of the acquittal or conviction of the accused is known as judgement. In
case the accused is acquitted, the prosecution is given time to appeal against the order of the
court. When the person is convicted, then both sides are invited to give arguments on the punishment which is
to be awarded. This is usually done when the person is convicted of an offence whose punishment is life imprisonment or capital punishment.
B.
Stages of Criminal
Trial in a Warrant Case when Private
Complaint institutes case
It may sometimes
happen that the police refuses
to register an FIR. In such cases one can directly approach
the criminal court under Section
156 of CrPC. On the filing of the complaint, the court will examine the complainant and
its witnesses to decide whether any offence is made against the accused
person or not. After examination of
the complainant, the Magistrate may order an inquiry into the matter by the
police and to get him submit a report
for the same.
•
After examination of the
complaint and the investigation report, the court may come to a conclusion whether the complaint is genuine or whether the prosecution has sufficient evidence
against the accused
or not. If the court does not find any sufficient material
through which he can convict
the accused, then
the court will dismiss
the complaint and record its reason for dismissal.
•
After examination of the
complaint and the inquiry report, if the court thinks that the prosecution has
a genuine case and there are sufficient material and evidence
with the prosecution to charge the accused then the Magistrate may issue a warrant or a summon
depending on the facts and circumstances.
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