Introduction
The Code of Criminal Procedure, 1973 (CrPC) categorizes criminal trials into summons cases, warrant cases, and session trials, based on the gravity of offences. Among these, warrant cases involve serious offences punishable with imprisonment for more than two years and require a more elaborate and formal procedure than summons cases. The trial of warrant cases by Magistrates is governed by Sections 238 to 250 of the CrPC, and the procedure varies depending on whether the case is instituted on a police report or otherwise (such as a private complaint).
This essay explains in detail the step-by-step procedure, legal provisions, and key differences associated with warrant case trials before Magistrates.
What Is a Warrant Case?
According to Section 2(x) of the CrPC, a warrant case is a case related to an offence punishable with:
- Death, or
- Imprisonment for life, or
- Imprisonment for a term exceeding two years.
Examples include cases of murder, rape, robbery, kidnapping, and major financial frauds.
These cases follow a structured and formal trial process, ensuring detailed scrutiny and fair trial safeguards for both the prosecution and the accused.
Classification of Warrant Cases
Warrant cases are divided into two categories for trial purposes:
- Cases instituted on a police report (Section 238–243 CrPC)
- Cases instituted otherwise than on a police report, i.e., on a private complaint (Section 244–247 CrPC)
I. Procedure for Warrant Cases Instituted on a Police Report (Sections 238–243 CrPC)
Supply of Police Report and Documents (Section 238)
When the accused appears before the Magistrate, he is provided with copies of the police report (charge sheet) and other related documents under Section 207 CrPC.
Consideration of Report and Discharge (Section 239)
After reviewing the police report and hearing both sides, the Magistrate may discharge the accused if there is no sufficient ground to proceed with the case.
Framing of Charge (Section 240)
If the Magistrate is of the opinion that there is sufficient ground for proceeding, he shall frame a charge against the accused. The charge is then read and explained to the accused.
The accused is asked whether he pleads guilty or wants to contest the charge.
Conviction on Plea of Guilty (Section 241)
If the accused pleads guilty, the Magistrate may record the plea and convict him at his discretion.
Prosecution Evidence (Section 242)
If the accused does not plead guilty, the Magistrate proceeds to record the evidence of prosecution witnesses. The accused is given the right to cross-examine each witness.
Statement of Accused (Section 313 CrPC)
After prosecution evidence, the accused is examined to explain any circumstances against him found in the evidence.
Defence Evidence (Section 243)
The accused is allowed to lead evidence in his defence and may summon witnesses or produce documents to support his case.
II. Procedure for Warrant Cases Instituted Otherwise Than on a Police Report (Sections 244–247 CrPC)
Prosecution Evidence (Section 244)
The complainant is directed to produce evidence to support the complaint. The Magistrate examines the witnesses and records their statements.
Discharge of Accused (Section 245)
If the Magistrate finds no ground to proceed, the accused is discharged.
If the evidence suggests there is prima facie material, the Magistrate frames a charge against the accused.
Framing of Charge (Section 246)
Once the Magistrate is satisfied, he frames a formal charge, which is read and explained to the accused.
The accused is then asked whether he pleads guilty or not.
Conviction on Plea of Guilty
If the accused pleads guilty, the Magistrate may convict him based on the plea.
Defence Evidence (Section 247)
If the accused does not plead guilty, the Magistrate proceeds with the recording of defence evidence.
The accused can summon and examine witnesses and produce any relevant material.
Common Procedure for Both Categories (Sections 248–250 CrPC)
Acquittal or Conviction (Section 248)
After recording all evidence and hearing both parties, the Magistrate delivers judgment.
- If the accused is found not guilty, he is acquitted.
- If the accused is found guilty, he is convicted and punished accordingly.
Compensation for False Accusation (Section 250)
If the Magistrate finds that the accusation was false and frivolous, he may order the complainant to pay compensation to the accused.
Key Differences: Police Report vs. Private Complaint
| Aspect | Police Report (Sec. 238–243) | Private Complaint (Sec. 244–247) |
|---|---|---|
| Investigation | Conducted by police | Not applicable |
| Initial Evidence | Based on police records | Complainant must produce evidence |
| Discharge | Section 239 CrPC | Section 245 CrPC |
| Charge Framing | Section 240 CrPC | Section 246 CrPC |
| Prosecution Evidence | Section 242 CrPC | Section 244 CrPC |
| Defence Evidence | Section 243 CrPC | Section 247 CrPC |
Judicial Observations
In Union of India v. Prafulla Kumar Samal, the Supreme Court laid down that a Magistrate must weigh the material on record while framing a charge and must be satisfied that a prima facie case exists.
In R.S. Nayak v. A.R. Antulay, it was held that fair trial is a constitutional right, and the procedure under CrPC must ensure that both prosecution and defence get equal opportunity.
Table Summary of Procedure for Warrant Case Trials by Magistrates
| Stage | Police Report | Private Complaint |
|---|---|---|
| Appearance of Accused | Section 238 CrPC | Section 244 CrPC |
| Discharge of Accused | Section 239 CrPC | Section 245 CrPC |
| Framing of Charge | Section 240 CrPC | Section 246 CrPC |
| Plea of Guilty | Section 241 CrPC | Section 246(3) CrPC |
| Prosecution Evidence | Section 242 CrPC | Section 244 CrPC |
| Defence Evidence | Section 243 CrPC | Section 247 CrPC |
| Judgment | Section 248 CrPC | Section 248 CrPC |
| Compensation for False Case | Section 250 CrPC | Section 250 CrPC |