Trial of Warrant Cases Instituted on Police Reports

After the charge-sheet is filed, it should be registered as a Calendar case and summons should be issued to the accused.

Normally only summons should be issued in the first instance. If the Court is satisfied that the accused is evading summons bailable warrant may be issued. If the Court feels that even the issue of a bailable warrant has not had the desired effect, then a non-bailable warrant may be issued.

But in all cases in which officials figured as accused persons it is desirable to avoid the issue of non-bailable warrants.

If the official who is the accused does not respond even to a bailable warrant then the Court may bring it to the notice of his superior and if that also fails, then as a last resort NBW may be issued.

But if the accused is absconding the investigating officer makes a note in red ink in the charge-sheet to that effect. In all such cases only NBW should be issued even at the outset.

As soon as the accused appears or is produced before the Court, the Magistrate should assure himself whether the accused was supplied with all the documents referred to in Section 207.

(This indeed is preceded by the questioning of the accused by the Magistrate whether he was ill-treated during police custody, which is a duty cast upon the Magistrate in view of Circular Orders).

If they have not already been supplied reasonable time may be given to the prosecution to do so. After the documents are so supplied it is desirable to question the accused with reference to the contents of the charge-sheet.

But the question should not be lengthy or complicated and the matter may be put to him in the form of two or three simple questions and his answers should be recorded. After considering the record and the answers given by the accused to the questions put to him, the Magistrate may discharge the accused under Section 239 after recording his reasons there for, if he feels that the charge against the accused is groundless.

A discharge under Section 239 does not operate as autrefois acquit and in certain enactments does not bar a second report on the same facts. If after considering the material mentioned above the Magistrate feels that it is not a fit case for discharge and that charges under the appropriate sections should be framed, he may do so and record the plea of the accused.

If the accused pleads guilty he may straight away be convicted and sentenced under Section 241. If the accused pleads not guilty, the case should be adjourned to a definite date for the examination of the prosecution witnesses and summons should be issued to the Police for service on the Witnesses.

It should be remembered that in cases relating to offences against person such as hurt, grievous hurt etc., the Medical Officer who examined the injured persons and issued the wound certificates should be summoned to give evidence only after the evidence of the eye witnesses is recorded. Sometimes when more than one witness is cited to speak to the same facts, the defence may make a request that the cross-examination may be deferred.

The Court may permit the defence counsel to defer the cross-examination in such case.

After the evidence of the prosecution witnesses is completed the accused should be questioned under Section 313. The questions should be put in detail and in such a way that the prosecution case is explained to the accused in chronological sequence.

The practice of summarizing the examination in chief of all the prosecution witnesses and putting it together in the form of a question or two is not appreciation but should be in accordance with the order in which witnesses were examined is and should the rule be adopted.

When the accused is questioned under Section 313, he should also be asked whether he has any defence witnesses or whether he desires to examine himself as a witness.

The defence witnesses if any should thereafter be examined. Section 315 provides that an accused person may also give evidence on oath. But the Court cannot compel him to give evidence.

The Court can permit and direct him to give evidence only if he makes a request in writing expressing his desire to give evidence.

After the evidence of the D.W.s and the accused if any is completed, arguments are heard and a judgment of conviction or acquittal is pronounced under Section 248.