Trial of Warrant Cases – 3

Cases instituted otherwise than on a Police report

As per section 244, When, in any warrant-case established in any case than on a police report, and the accused either appears or is brought before a Magistrate, the Magistrate will continue to hear the prosecution and take all such evidence as may be produced in support of the prosecution. The Magistrate can also, on the application of the prosecution, issue a summons to any of its witnesses guiding him to join in or to create any report or other thing.

After taking all the evidence created before him, if the Magistrate feels that no case has been made out against the accused, then he may release the accused after recording reasons for the same under sectiom 245(1).

However, if the accused in not released, at that point procedure as per section 246 will be followed. The Magistrate will continue to outline charge under section 246 against the accused, the charge will at that point be read and explained to the accused and then he must be asked whether he confesses or has any safeguard to make.

If the accused won’t confess or doesn’t plead or claims to be attempted then he will be requried to state whether he wants to cross examine any witnesses for the prosecution whose evidence has been taken. If the accused is ready to cross examine with witnesses, they shall be recalled for cross examination as well as re-examination if necessary.

Under section 247 of Cr. P. C. the accused shall be called upon to enter upon his defence and to produce his defence as per section 243 as discussed before.

Common provisions regarding Conclusion of Trial

Acquittal or Conviction of the Accused is under section 248 of the Code. After the end of the evidence for defence, and after hearing the arguments, the Magistrate shall pronounce the judgment. If the Magistrates finds the accused not guilty then they shall record an order of Acquittal under section 248(1). If the accused in found guilty, then he shall hear the accused on the inquiry for sentence and afterward pass the sentence upon him according to section 248(2).

As per section 250 if in any case the accused is discharged or acquitted and the person upon whose complaint or information the accusation was made is present, the Magistrate may call upon him 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. If the complainant is absent then the summons may be issued to him to appear. Under section 250 the accusation must be proved to have been made without reasonable cause. If there was no reasonable ground for making the accusation, then the Magistrate may make an order fixing the compensation to be paid to the accused.

The provisions of section 250 of the Code apply to summons cases as well as warrant cases.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

You may also like to read:

WHAT IS PRESIDENT RULE? – Aishwarya Sandeep

State list and the responsibility of the States. – Aishwarya Sandeep

Criminal Trial : Summary Trial – Aishwarya Sandeep

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