Warrant Case

From Justice Definitions Project

What is 'Warrant Case'

The term "Warrant case" generally refers to a legal case wherein the court issues a warrant against a defendant. This usually involves more serious offenses punishable by death, life imprisonment, or imprisonment exceeding two years. Warrant cases are usually tried before a Sessions Court or higher court rather than a Magistrate's court.

Official Definition of 'Warrant Case'

The Code of Criminal Procedure, 1973 does not explicitly define the ‘Warrant Case’. However, section 2(x) of the CrPC defines a 'Warrant Case' as a case relating to an offense punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.

Legal Provisions Relating to Warrant Case

1. Under CrPC: Cases Instituted On a Police Report

Section 238

When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 207.

Section 239

If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary an after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

Section 240

If, upon consideration, examination, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.[1]

Section 241

If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon.

Section 242

If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 241, the Magistrate shall fix a date for the examination of witnesses.[2] The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.[3]

Section 243

The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.[4] If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing.[5]

Cases Instituted Otherwise Than on Police Report

Section 244

When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.[6] The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.[7]

Section 245

If, upon taking all the evidence referred to in section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.

Section 246

If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.[8] The charge shall then be read and explained to the accused[9], and if the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon.[10]

Section 247

The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of section 243 shall apply to the case.

Conclusion of Trial

Section 248

If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.[11] Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.[12]

Section 249

When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.

Section 250

If, in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid.

Under BNSS: Cases Instituted on a Police Report

  1. Section 261. When, in any warrant-case instituted on a police report, the accused appears or is brought before a Judicial Magistrate at the commencement of the trial, the Judicial Magistrate shall satisfy himself that he has complied with the provisions of section 230.
  2. Section 262. (1) The accused may prefer an application for discharge within a period of sixty days from the date of framing of charges. (2) If, upon considering the police report and the documents sent with it under section 293 and making such examination, if any, of the accused as the Magistrate thinksnecessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
  3. Section 263. (1) If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge. (2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.
  4. Section 264. If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon.
  5. Section 265. (1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 264, the Magistrate shall fix a date for the examination of witnesses: Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police. (2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.
  6. Section 266. (1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record. (2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing.

Cases Instituted Otherwise than on Police Report

  1. Section 267. (1) When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. (2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. Framing of charge. Conviction on plea of guilty. Evidence for prosecution. Evidence for defence. Evidence for prosecution.
  2. Section 268. (1) If, upon taking all the evidence referred to in section 267, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him. (2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.
  3. Section 269. (1) If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. (2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any defence to make. (3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon.
  4. Section 270. The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of section 266 shall apply to the case.

Conclusion of Trial

  1. Section 271. (1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal. (2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 364 or section 401, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.
  2. Section 272. When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may after giving thirty days' time to the complainant to be present, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.
  3. Section 273. (1) If, in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid.

Types of 'Warrant Cases'

Though, the term "Warrant case" might not have distinct predefined categories or classifications. However, cases involving warrants can vary based on the nature of legal proceedings, purpose, and jurisdiction. Here are some general classifications or variations related to cases where warrants are issued in India:

  1. Serious Criminal Offenses: Warrant cases involving more severe criminal offenses that are punishable by death, life imprisonment, or imprisonment exceeding two years.
  2. Felonies or High-Severity Crimes: Offenses categorized as more serious felonies, necessitating the issuance of a warrant.
  3. Cases Requiring Higher Court Intervention: Matters that require adjudication by higher courts due to the gravity of the offense or the complexity of the legal issues involved.
  4. Non-Bailable Offenses: Cases where the accused cannot be released on bail as a warrant has been issued against them.

While the overarching concept remains consistent, procedural variations or practices related to warrants might differ across states, regions, or specific High Courts in India. Different states or High Courts might have slight procedural differences in how warrants are issued, served, or responded to.

Challenges

The realm of 'Warrant Cases' encounters significant hurdles, primarily due to the lack of transparent, accessible, and reliable data. Government databases often lack comprehensive information specifically related to warrants, resulting in difficulties tracking and analyzing these aspects of legal proceedings. Furthermore, variations in data collection methodologies, terminologies, and reporting practices across different states, courts, or agencies impede the standardization and harmonization of warrant-related data. This lack of uniformity poses considerable challenges in conducting comparative analysis and establishing a comprehensive national-level understanding of warrant cases. Inconsistent implementation of procedures for recording warrant cases across various courts or regions further contributes to data discrepancies. These inconsistencies, compounded by technological limitations and procedural complexities, hinder efficient data collection and tracking, thereby impeding efforts toward comprehensive analysis and understanding of warrant cases.

Way Ahead

Efforts to address these challenges in 'Warrant Cases' are multifaceted. There's a critical need for improved data collection mechanisms to ensure a more cohesive approach to warrant-related data across courts and states. Advocates stress the importance of standardized data collection formats to promote uniformity and accuracy in reporting these cases. Encouraging the adoption of uniform reporting mechanisms and electronic data systems within courts can significantly enhance data accessibility and reliability. Establishing centralized repositories or databases dedicated explicitly to warrant cases emerges as a crucial step forward.

Case Laws

A. R. Antulay vs Ramdas Sriniwas Nayak And Another

A. R. Antulay vs Ramdas Sriniwas Nayak And Another 1984 AIR 718: Legislature being aware of a provision like the one contained in Sec. 225 of the Cr. P. C., could have as well provided that in every trial before a special Judge the prosecution shall be conducted by a Public Prosecutor, though that itself would not have been decisive of the matter. And the third opportunity was when the Legislature while prescribing the procedure prescribed for warrant cases to be followed by special Judge did not exclude by a specific provision that the only procedure which the special Judge can follow is the one prescribed for trial of warrant cases on a police report. The disinclination of the Legislature to so provide points to the contrary and no canon of construction permits the court to go in search of a hidden or implied limitation on the power of the special Judge to take cognizance unfettered by such requirement of its being done on a police report alone. In our opinion, it is no answer to this fairly well-established legal position that for the last 32 years no case has come to the notice of the court in which cognizance was taken by a special Judge in a private complaint for offences punishable under the 1947 Act. If something that did not happen in the past is to be the sole reliable guide so as to deny any such thing happening in the future, law would be rendered static and slowly whither away.

Arvind Kejriwal & Ors vs Amit Sibal & Anr

Arvind Kejriwal & Ors vs Amit Sibal & Anr (2015) CriLJ 215: The warrants cases are also of the aforesaid two categories. The proceedings before the Magistrate commence with the issuance of process under Section 204 Cr.P.C. in respect of all the aforesaid categories. At the stage of issuance of process under Section 204 Cr.P.C., the Magistrate has to be satisfied that "there is sufficient ground for proceeding in the matter". There is a difference in the trial of warrants cases and summons cases by the Magistrate which is noted below: (ii) In summons cases, no formal charge is framed as in warrants cases. However, the substance of accusation is put to the accused under Section 251 Cr.P.C. which is technically akin to the framing of a charge in warrants case. The accused is entitled to the hearing at the stage of framing of notice under Section 251 Cr.P.C. The Section pre-supposes that the learned Magistrate must consider whether such allegations are raised which amount to an offence. If no offence is made out, then there are no particulars of offence which have to be read over to the accused and therefore proceeding cannot proceed beyond Section 251 Cr.P.C. which is implied from a reading of Section 251 Cr.P.C. Section 251 Cr.P.C.

Emperor v. Chinnapayan

Emperor v. Chinnapayan, ILR 29 Mad 372: The Magistrate convicted the accused on an admission made by the accused without talcing any evidence and without framing a charge. It was held that if the case should have been tried as a warrant case, as it should have been, it would have been the duty of the Magistrate under Section 252 of the Code of Criminal Procedure to take such evidence as might be produced in support of the prosecution, and the accused could not have been called upon to plead until after a charge had been framed and read and explained to him. It was further held that that was something more than an irregularity, and the accused might have been possibly prejudiced by the procedure adopted by the Magistrate, and on that view, the conviction was set aside.

  1. ↑ CrPC Section 240(1)
  2. ↑ CrPC Section 242(1)
  3. ↑ CrPC Section 242(2)
  4. ↑ CrPC Section 243(1)
  5. ↑ CrPC Section 243(2)
  6. ↑ CrPC Section 244(1)
  7. ↑ CrPC Section 244(2)
  8. ↑ CrPC Section 246(1)
  9. ↑ CrPC Section 246(2)
  10. ↑ CrPC Section 246(3)
  11. ↑ CrPC Section 248(1)
  12. ↑ CrPC Section 248(2)
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