Q1. How is a warrant-case instituted on police report tried by a magistrate?

Ans. 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 and the steps are mentioned below.

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)

Supply of copies to the accused

A copy of the police report and other documents relevant to the case should be supplied to any
person or persons who appears or is brought before a magistrate at the commencement of the
trial. And the Magistrate shall satisfy himself in complying with the provisions of Section 207.
This is to ensure that the accused are aware of the charges against him and can prepare for
defence under fair trial by law.

Discharge of accused if allegations against him are baseless

Once the Magistrate receives the police report and other relevant documents and provides
them to the accused, the Magistrate shall consider each report. A hearing shall be convened
and a reasonable opportunity shall be provided for both the accused prosecution to present
their case. The Magistrate examines the accused if necessary. If the charge against the accused
is discovered to be baseless and lacking in substance, the accused shall be discharged under
Section 239. The prima facie of the case is also considered.

Framing of charge

Section 240 of CrPC authorises the Magistrate to consider the police report and even to
examine the accused if he feels the need to. If the Magistrate feels the presence of valid
grounds to presume that the accused has committed the offence and is capable of committing
such an offence, and he is competent to try the offence to adequately punish the accused in
his opinion. Then the written charge is framed against the accused and the trial is conducted
after the charge is read and explained to the accused. Framing of the charge is a duty of the
court and the matter must be considered judiciously.

Explaining the charge to the accused

Clause 2 of Section 240 describes that the charge against the accused shall be read and
explained to the accused. Once the accused understands the charges against him, he shall be
asked whether he pleads guilty of the offence or wishes to challenge the charge by a fair trial
under the law.

Conviction on a guilty plea

The accused can plead guilty to cut short the procedure of law and reduce the punishment for
his offence. The Magistrate records the guilty plea and convicts the accused on his discretion.
(Section 241)

Evidence for prosecution

Section 242 of CrPC defines the procedure with regards to the gathering of evidence against
the offender and recording the evidence after examination and cross-examination to acquit or
convict an accused individual. In a criminal trial, the case of the state is presented first. The
burden of proving the accused guilty is on the prosecution and the evidence must be beyond a
reasonable doubt. The prosecution can summon witnesses and present other evidence in order
to prove the offence and link it to the offender. This process of proving an accused individual
guilty by examining witnesses is called examination in chief. The Magistrate has the power to
summon any person as a witness and order him to produce any document.

Steps in evidence presentation of prosecution

Fixing date for the examination of witnesses

Section 242(1) declares that once the charge is framed and read to the accused and he does
not plead guilty and wishes to proceed with the trial, the Magistrate shall fix a date for the
examination of witnesses.

Examination of witnesses

According to Section 242(2), the Magistrate, on the application of the prosecution, has the
authority to issue summons to any witnesses and direct them to attend or produce any
document or thing relevant to the case. The cross-examination by the defence is allowed by
the Magistrate before some other witness has been examined. This is done to ensure that no
perjury is committed and the prosecuting witness does not vilify the accused and gets him
convicted on false information. And that the relevant information can be refuted by the
defence or further explained in a defensive manner.

Presentation of evidence
The testimonies of witnesses once they are cross-examined by the defence are considered
evidence. And other documents or relevant things are brought to the Magistrate to link the
accused to the offence. The defence is informed of the evidence presented and may challenge
the evidence as may be deemed necessary.

Record of the evidence

Section 242(3) declares that on the date fixed, the Magistrate shall proceed to take all pieces of
evidence produced in support of the prosecution and record them based on their relevance to
the case. The testimonies of witnesses and any evidence provided to prove the accused had
committed the offence by the prosecution is recorded by the Magistrate. The Magistrate may
permit the cross-examination of any witness to be deferred until any other witness or
witnesses have been examined or recall any witness for further cross-examination by the
defence.

Evidence for the defence

Section 243 of CrPC describes the procedure with regards to collecting and presenting
evidence in the defence of the accused. After the prosecution is finished with the examination
of the witness, the accused may enter his defence in a written statement and the Magistrate
shall file it with the record. Or defence can be produced orally. After the accused has entered
his defence, an application may be put to the Magistrate to perform cross-examination of any
witness presented by the prosecution. The Magistrate may then summon any witness under
Sub-section 2 to be cross-examined by the defence. The prosecution must establish the case
beyond a reasonable doubt and if the defence can prove a reasonable doubt then the evidence
submitted by the prosecution is not valid and cannot be recorded in court against the accused.

Written statement of accused

Section 243(1) declares that the accused shall be called upon to enter his defence and produce
relevant evidence. Any written statement presented by the defence shall be recorded by the
Magistrate and filed. Under Section 313(1), the accused shall have the opportunity to be heard
and explain any circumstances appearing against him or other facts and circumstances of the
case that are relevant. This may be done by a written statement or orally.

Examination of witnesses for the defence

Section 243(2) describes the process of examination of witnesses for defence of the accused.
An application can be made by the defence to the Magistrate to compel the attendance of a
witness for the purpose of examination or cross-examination, or for the production of any
relevant documents or other things. The Magistrate shall issue such directions unless he feels
the application has been put for the purpose of delay or vexation or defeats the ends of justice
and refuse the application on those grounds. The grounds of refusal of the application by
defence shall be recorded by the Magistrate in writing. However, if the accused has had an
opportunity to cross-examine a witness presented by the prosecution, or has already cross-
examined a witness, then the attendance of such witness shall not be compelled under this
section; unless the Magistrate feels such attendance is necessary for justice. Sub-section 3
mentions that the reasonable expenses incurred by the witness in attending the Court for the
purpose of the trial must be deposited in Court.
Record of the evidence

CrPC declares that any evidence or witness testimonies shall be filed by the Magistrate with
the record. The evidence submitted can be in the form of a written statement or orally
submission which the Court shall record. The evidence submitted is recorded to prevent
tampering by an interested party to further their agenda and prevent justice from being served
to the accused. Any written statement submitted by the accused is also filed with the record
by the Magistrate.

Steps in evidence presentation of defence

Court witness

The defence shall have an opportunity to present witnesses to defend the accused. This may
include an alibi or individuals that can point out that the accused was present elsewhere from
where the offence was committed. The witnesses presented by the defence can be cross-
examined by the prosecution and their testimonies challenged. The purpose of defence witness
is to create a reasonable doubt to point out that the accused may not have been the exact
individual that committed the offence. However, the prosecution can challenge the testimony
of said witnesses and isolate the accused to prove beyond a reasonable doubt that the offence
was committed by him.

Arguments submitted on behalf of defence

After the closing of evidence, the defence may produce an oral argument and submit a
memorandum to the Court. A copy of this memorandum should be supplied to the
prosecution. The court possesses the power to interfere if the oral arguments are not to the
point and irrelevant to the case and made to waste the time of the court and delay the delivery
of justice. The memorandum of argument must be submitted before the closing of oral
delivery. Section 313(3) is a rule against self-incrimination and declares that the accused shall
not render himself liable to punishment if he refuses to answer any question when examined
by the prosecution, or gives false answers.

Judgement

The Magistrate holds the authority to judge the evidence provided by the defence and its
relevance. If any evidence or testimony is in his opinion irrelevant or lacks substance, it may be
thrown out and not filed with the record and shall no longer be considered in the case. The
relevance of the evidence and testimony can be challenged by the opposing party but only the
Magistrate has the authority to decide whether it shall be filed with the record or thrown out
of the case.

Q2. Explain the procedure before magistrate in a complaint case.

Ans. Google tab 1

Q3. When the police can arrest a person without warrant?

Ans. Google tab 2

Q4. Define charge. Discuss about form and joinder of charges.

Ans. Google tab 3

Q5. Define discharge.

Ans. Google tab 4

Q6. Define compoundable offences.

Ans. Google tab 5

Q6. Define investigation.

Ans. Google tab 6

Q7. Explain trial in petty cases.

Ans.Petty cases -

There are a very large number of petty cases like those relating to traffic offences, pending in
criminal courts. Complaint is often made by the people prosecuted for such offences that they
have to wait for a long time in courts on the date for which they receive notice or summons
and that the time spent and the inconvenience to which they are subjected are out of all
proportion to the gravity of the offence. Most of the persons involved in these offences are not
disposed to contest the case.

If is for this reason that section 206 of the Code of Criminal Procedure, 1973, provides that if,
in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily
disposed of under section 206 the Magistrate shal1,1 except where he is, for reasons to be
recorded in writing, of a contrary opinion, issue summons to the accused requiring him either
to appear in person or by pleader before the Magistrate on a specified date or if he desires to
plead guilty to the charge without appearing before the Magistrate, to transmit before the
specified date, by post or by messenger to the Magistrate, the said plea in writing and the
amount of fine specified in the summons at if he desires to appear by pleader and to plead
guilty to the charge through such pleader, to authorise, in writing the pleader to plead guilty
to the charge on his behalf and to pay the fine through the pleader, provided that the amount
of fine specified in such summons shall not exceed one hundred rupees. Likewise, sub-section
(1) of section 130 of the Motor Vehicles Act, 1939 provides that the Court taking cognizance of
an offence under this Act

(i) may, if the offence is an offence punishable with imprisonment under this Act, and

(ii) shall in any other case, state upon the summons to be served on the accused person that
he-

(a) may appear by pleader and not in person, or

(b) may by a specified date prior to the hearing of the charge, plead guilty to the charge by
registered letter and remit to the Court such sum (not exceeding the maximum fine that may
be imposed for the offence) as the Court may specify:

Provided that nothing in this sub-section shall apply to any offence specified in Part A of the
Fifth Schedule.

1. Section 206, Code of Criminal Procedure, 1973.

Q8.