This document discusses the constitution and powers of criminal courts in India. It begins by explaining that a criminal court has jurisdiction over criminal offenses and its authority is hierarchical depending on the offense and prescribed punishment. It then outlines the hierarchy, noting that the Constitution establishes the Supreme Court and High Courts, with the Supreme Court having appellate authority over High Court decisions. The Code of Criminal Procedure further establishes Sessions Courts, Judicial Magistrates, and Executive Magistrates. It provides details on the types of courts and their respective jurisdictions and sentencing powers. Throughout it discusses relevant case laws that help explain this framework for criminal courts in India.

1. Constitution and powers of Criminal Courts
A Criminal Court is a court that has the jurisdiction and authority for trial and punishment of a criminal offence.
Depending on the nature of the crime and the punishment prescribed by law, jurisdiction for trial and punishment
follow a hierarchy. This hierarchy is implicit in the provisions provided in Constitution of India and the Code of Criminal
Procedure, 1973 and may be understood by the following flowchart:
Article 124 and 214 of the Indian Constitution provides for the establishment of the Supreme Court of India and the
High courts of various states. Article 134 provides for the appellate jurisdiction of the Supreme court against
decision of a High Court.
Further, Sections 374(1) and Section 379 of The Code of Criminal Procedure,1973 makes provision of appeal to the
Supreme Court under certain circumstances. It also provides for the transfer of cases from one High court to another
or one subordinate court to another, in the interests of justice.
Chapter – II, Section 6 to Section 35 of Code of Criminal Procedure,1973 deals with the Constitution of Criminal Courts
and their powers. Section 6 of the Code provides that in every state, apart from the High court there shall be:
1. Courts of Session;
2. Judicial Magistrate of the first class and, in any Metropolitan area, Metropolitan Magistrate;
3. Judicial Magistrate of the second class; and
4. Executive Magistrates.
Constitution of Criminal Courts in India
1. Courts of Session: Section 9 provides that a court of sessions shall be established for every session – division.
Court of sessions shall have a presiding judge named as ‘Session Judge’ who shall be appointed by the High
Court. The high court shall appoint Additional session judge and Assistant session judge.
2. The Additional/ Assistant Sessions Judge- Additional or Assistant sessions court shall try the urgent
application in the absence of session court and in the absence of Additional or assistant session court such
application shall be tried by a chief judicial magistrate (Section 10).
3. The Court of Judicial Magistrate– Section 11 provides that in every district, which is not a metropolitan area,
there shall be as many Judicial Magistrates of first class and of second class. The presiding officers shall be
appointed by the High Courts. Every Judicial Magistrate shall be subordinate to the Sessions Judge.
4. Chief Judicial Magistrate- Section 12 provides for the establishment of one court of a chief judicial magistrate
in every district and of additional chief judicial magistrate court as per the requirement. The High court shall
appoint on this post any first-class judicial magistrate.
5. Metropolitan Magistrate- Section 16 provides for the establishment of the Metropolitan Magistrate court as
per the requirement. The presiding officer of the Metropolitan magistrate court is appointed by the High court.

2. 6. Chief Metropolitan Magistrate – Section 17 provides for the establishment of one Chief Metropolitan
magistrate court for every Metropolitan area. Similarly, there is also provision for the establishment of
additional chief Metropolitan magistrate court as per the requirements
7. Special judicial magistrate – Section 13 of the code provides for the establishment of courts of the special
judicial magistrate to try particular cases or a particular class of cases
8. Executive Magistrate- According to Section 20, in every district and in every metropolitan area, an Executive
Magistrate shall be appointed by the State Government and one of them becomes District Magistrate.
Case Law: In Abdul Manam v. State of West Bengal (A.I.R 1996 S.C.905) It was considered that session court shall
include Additional session court. Assistant session court shall be subordinate to the session court and the session court
shall frame rules regarding the distribution of works between Assistant session courts.
Powers of Criminal Courts:
Criminal courts are empowered to inflict punishments. The various sentences which the different courts may impose
are provided in Section 26 -29 of the Code of Criminal Procedure, 1973. The sum and substance of the provision may
be summarized as follows:
Name of the court Sentences which it may pass
1. High Court 1. Any sentence authorized by law.
2. (a) Sessions judge
or
(b) Additional sessions judge
2. Any sentence authorized by law, but sentence of death if passed
shall be subject to confirmation by the High Court
3. Assistant Sessions judge 3. Any sentence authorized by except sentence of death,
imprisonment for a term exceeding 10 years.
4. (a) Chief Judicial Magistrate
Or
(b) Chief metropolitan magistrate.
4. Any sentence authorized by law except sentence of death,
imprisonment for a term exceeding 7 years.
5. a) Court of magistrate first class,
or
b) Metropolitan magistrate.
5. Any sentence of imprisonment not exceeding 3 years or of fine
not exceeding rupees 10,000 or of both.
6. Court of a magistrate second class 6. Any sentence of imprisonment not exceeding 1 year or of fine
not exceeding 5000 (five thousand) rupees or of both.
Case Law: Delhi Judicial Service Union, Tis Hazari court, Delhi V. State of Gujrat (A.I.R 1991 S.C.2176)- The Supreme
court considered the post of the judicial officer as a post of honour and therefore should behave according to the
dignity of post.

3. Section 2 CrPC 1973 Definitions.—In this Code, unless the context otherwise requires,—
(a) “bailable offence” means an offence which is shown as bailable in the First Schedule, or which
is made bailable by any other law for the time being in force; and “non-bailable offence” means
any other offence;
(b) “charge” includes any head of charge when the charge contains more heads than one; (c) “cognizable
offence” means an offence for which, and “cognizable case” means a case in which, a police officer
may, in accordance with the First Schedule or under any other law for the time being in force, arrest
without warrant;
(d) “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking
action under this Code, that some person, whether known or unknown, has committed an offence,
but does not include a police report .
(g) “inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court;
(h) “investigation” includes all the proceedings under this Code for the collection of evidence
conducted by a police officer or by any person (other than a Magistrate) who is authorised by a
Magistrate in this behalf;
(i) “Judicial proceeding” includes any proceeding in the course of which evidence is or may be legally
taken on oath;
(l) “non-cognizable offence” means an offence for which, and “non-cognizable case” means a case
in which, a police officer has no authority to arrest without warrant;
(r) “police report” means a report forwarded by a police officer to a Magistrate under sub-section
(2) of section 173;
(u) “Public Prosecutor” means any person appointed under section 24, and includes any person acting
under the directions of a Public Prosecutor
(w) “summons-case” means a case relating to an offence, and not being a warrant-case; life or
imprisonment for a term exceeding two years;
(x) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or
imprisonment for a term exceeding two years;
BASIS FOR
COMPARISON
SUMMON WARRANT
Meaning Summon implies a legal order, issued
by a judicial officer to the defendant or
witness, with respect to a legal
proceeding.
Warrant is an authorization issued by the
court that permits the police officer to
perform an act which is not covered in
their scope.

4. Contains Instruction to appear or produce a
document or thing before the court.
Authorization to police officer to
apprehend the accused and produce
him/her before the court.
Addressed to Defendant or witness Police officer
Objective To notify the person about the legal
obligation to appear in the court.
To bring accused to the court, who've
ignored the summons and not appeared.
Basis of
Comparison
Investigation Inquiry
Meaning The investigation is the executive
procedure of systematically collecting
the facts and evidence, and determining
the circumstances of the case.
Inquiry is a legal process, which is
initiated with an aim of clearance of
doubt, finding out the truth or
furtherance of knowledge regarding the
case.
Defined in Section 2 (h) of CrPC Section 2 (g) of CrPC
Conducted by Police Officer or any other person
authorized by Magistrate.
Magistrate or Court
Stage First Stage Second Stage
Objective Collection of facts and evidence Determination of truth and falsehood of
the allegations
Commencement When an FIR or complaint has been
lodged.
When charge-sheet is filed.
Ends in Filing of Police Report Framing of Charges
Nature of
Process
Administrative Process Judicial or Non-Judicial Process
BASIS FOR
COMPARISON
COGNIZABLE OFFENCE NON-COGNIZABLE OFFENCE
Meaning Cognizable offence is one in which
the police is authorized to take
cognizance of the crime at its own.
Non-cognizable offences refers to the
offences in which the police has no authority
to apprehend a person for crime on its own.
Defined in Section 2 (c) of CrPC Section 2 (l) of CrPC

5. Arrest Without warrant Requires warrant
Approval of
Court
Not required to begin investigation. Prior approval of court is required to begin
investigation.
Offence Heinous Comparatively less heinous
Includes Murder, rape, theft, kidnapping, etc. Forgery, cheating, assault, defamation etc.
Petition FIR and complaint Complaint only.
BASIS FOR
COMPARISON
COMPLAINT FIR (FIRST INFORMATION REPORT)
Meaning Complaint refers to an appeal made
to the magistrate, comprising an
allegation that a crime has taken
place.
FIR implies the complaint registered with the
police by the plaintiff or any other person
having knowledge of the cognizable offence.
Format No prescribed format Prescribed format
Made to Metropolitan Magistrate Police Officer
Offence Cognizable and Non-cognizable
offence
Cognizable offence only
Who can
submit?
Any person subject to certain
exceptions.
Any person such as the aggrieved party or
witness.
What is a complaint? What the essentials features of complaint?
MEANING OF A COMPLAINT
Section 2(d) of CrPC, 1973 defines a complaint as “it is an allegation made verbally or in written form
before a Magistrate”. A complaint is made with the object that the Magistrate should take action under
this Code against the person who has committed an offence. Here, this person can be known or unknown.
There is no particular format for a complaint. Mohd. Yousuf v. Afaq Jahan, AIR 2006 SC 705 (India). It
contains allegations that some offences have been committed and ends with a prayer stating that the
offender should be convicted properly.
In general, any person can file a complaint. But, in case of offences relating to marriage, defamation and
offences specified as per sections 195 to 197 of IPC, only the aggrieved party can file a complaint. The
person who lodges a complaint is known as a ‘complainant’.
A charge sheet submitted by the police cannot be regarded as a ‘complaint’. A police report is deemed to
be a ‘complaint’ only in the case where after investigation it reveals that the alleged offence is non-
cognizable. Md. Abdullah Khan v. State of Bihar, 2002 CrLJ 3875 (Pat).

6. NECESSARY CONDITIONS FOR A COMPLAINT
These are some necessary conditions for a complaint:
▪ A non-cognizable offence must be committed.
▪ There must be some allegation against a known or unknown person.
▪ Such allegation must be in verbal or written form.
▪ It must be made before a Magistrate.
▪ It must be made with the object that the Magistrate should take action.

7. Who are entitled to get maintenance under Section 125 of the Criminal Procedure Code, 1973? When is a
wife not entitled to get maintenance from her husband? Discuss the power of the Magistrate to alter the
order of maintenance?
According to section 125 of CrPC 1973, it states who are entitled for maintenance, it states
“Order for maintenance of wives, children and parents”.—
(1) If any person having sufficient means neglects or refuses to maintain—
a) His wife, unable to maintain herself, or
b) His legitimate or illegitimate minor child, whether married or not, unable to maintain itself,
or
c) His legitimate or illegitimate child (not being a married daughter) who has attained majority,
where such child is, by reason of any physical or mental abnormality or injury unable to
maintain itself, or
d) His father or mother, unable to maintain himself or herself,
CASE: Smt. Yamunabai Anantrao Adhav v Ranantrao Shivram Adhav, 1988 AIR 644
Supreme Court held that marriage of women in accordance with Hindu rites with a man having a living
spouse is completely nullity in the eye of law and she is not entitled to benefit under Section 125 of the
Cr.PC.
CASE: Pandurang Bhaurao Dabhade v Baburao Bhaurao Dabhade, (1980) 82 BOMLR 116
It was held that the father or mother can claim maintenance under Section 125(1)(d) if he or she is unable
to maintain himself or herself. But it is also important that if parents claim maintenance to their children,
children must have sufficient means to maintain their parents and yet neglects or refuses to maintain the
father or mother.
Section 125 (4) provides, No wife shall be entitled to receive an allowance for the maintenance or the
interim maintenance and expenses of proceeding, as the case may be,] from her husband under this
section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband,
or if they are living separately by mutual consent.
Power of the Magistrate to alter the order of maintenance is given in section 127 of the CrPC 1973. It
states “Alteration in allowance”.
Section 127(1) On proof of a change in the circumstances of any person, receiving, under section 125 a
monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay
a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as
the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the
maintenance or the interim maintenance, as the case may be.
Section 127(2) where it appears to the Magistrate that, in consequence of any decision of a competent
Civil Court, any order made under section 125 should be cancelled or varied, he shall cancel the order or,
as the case may be, vary the same accordingly.
Section 127(3) Where any order has been made under section 125 in favour of a woman who has been
divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that—
(a) The woman has, after the date of such divorce, remarried, cancel such order as from the date of
her remarriage;
(b) The woman has been divorced by her husband and that she has received, whether before or
after the date of the said order, the whole of the sum which, under any customary or personal law
applicable to the parties, was payable on such divorce, cancel such order,—
I. In the case where such sum was paid before such order, from the date on which
such order was made:

8. II. In any other case, from the date of expiry of the period, if any, for which
maintenance has been actually paid by the husband to the woman;
(c) The woman has obtained a divorce from her husband and that she had voluntarily surrendered
her rights to maintenance or interim maintenance, as the case may be, after her divorce, cancel the
order from the date thereof.
Section 127(4) At the time of making any decree for the recovery of any maintenance or dowry by any
person, to whom a monthly allowance for the maintenance and interim maintenance or any of them has
been ordered to be paid under section 125, the Civil Court shall take into account the sum which has been
paid to, or recovered by, such person as monthly allowance for the maintenance and interim maintenance
or any of them, as the case may be, in pursuance of the said order.

9. What Is FIR? Procedure for recording FIR with evidentiary value? Duty of Police Officer in investigation of
non-cognizable offence?
The term ‘First Information Report’ has not been defined in the Code of Criminal Procedure. Rather the
term has not been used except in section 207 which requires the Magistrate to furnish to the accused a
copy of the First Information Report recorded under section 154 (1) of the Code
It may be defined as follows:
1. It is a piece of information given to the police officer.
2. The information must relate to a cognizable offence.
3. It is a piece of information reported first in point of time.
4. The victim of the cognizable offence or someone on his/her behalf gives information and lodges a
complaint with the police.
This is the information on the basis of which investigation begins. The FIR must be in writing.
In the State of Rajasthan v. Shiv Singh, AIR 1962 Raj 3 the Rajasthan High Court defined a First
Information Report as ‘the statement of the maker of the report at a police station before a police officer
recorded in the manner provided by the provisions of the Code.
Essentials of FIR
In Moni Mohan v. Emperor, AIR 1931 Cal 745, it was decided that the essential conditions of F.I.R. are:
• It must be a piece of information.
• It must be in writing. If given in writing, should be reduced into writing by the concerned police
officer.
• The main act or crime should be cognizable in nature, not the ones subsequent to the main act.
The F.I.R. must be in the nature of complaint or accusation with the object of getting the law in motion.
Information in Cognizable Cases [S.154]
Since the information received u/s 154 is termed as FIR, it is important to know the provisions relating to the
procedure for recording information in respect of cognizable cases u/s/ 154.
• If the information is given orally to an officer in charge of a police station, it has to be reduced in
writing by the concerned police officer. It should be then read over to the informant, and then
signed by him. The information thus received has to be recorded in a book authorised by the state
government regarding the same.
• A copy of the information recorded is to be given to the informant, free of cost.
• If the officer in charge refuses to record the information, the person may send such information,
the aggrieved person may send, the substance of such information to the Superintendent of Police
and the Superintendent of Police if satisfied about the commission of the cognizable offence, shall
either investigate the case himself or direct an investigation to be made by the subordinate police
officer. Such police officer shall exercise all the powers of an officer in charge of the police station
in the concerning offence.
When the information is given by a woman against whom any of the offences under sections 326 – A, 326-
B, 354, 354-A to 354-D, 376, 376-A to 376-E or 509 IPC is alleged to have been committed or attempted, such
statement shall be recorded by a woman police officer or any woman officer.
Evidentiary Value of F.I.R.
• An FIR is not a substantive piece of evidence. That is, it cannot be considered as evidence of facts
stated therein. However, FIR may be used for the following purposes:
• It can be used to corroborate an informant witness u/s 157 of Evidence Act. But it cannot be used
to contradict or discredit other witnesses.
• It can be used to contradict an informant witness u/s 145 of Evidence Act.

10. • FIR can be used by the defence to impeach the credit of the maker under sec. 155(3) of the
Evidence Act.
• A non-confessional FIR given by an accused can be used as an admission against him u/s 21 of
Evidence Act.
• FIR can be used as a dying declaration as substantive evidence If it relates to the cause or occasion
or circumstances and facts which resulted in the informant’s death. Within the meaning of section
32(1) of the Evidence Act.
• If the accused himself lodges the FIR, it cannot be used for corroboration or contradiction because
the accused cannot be a prosecution witness, and he would very rarely offer himself to be a
defence witness u/s 315 of the Code.
Duty of Police Officer in investigation of non-cognizable offence Section 155 states that Information as to
non-cognizable cases and investigation of such cases.—
Section 155(1) States when information is given to an officer in charge of a police station of the
commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be
entered the substance of the information in a book to be kept by such officer in such form as the State
Government may prescribe in this behalf, and refer the informant to the Magistrate.
Section 155(2) States No police officer shall investigate a non-cognizable case without the order of a
Magistrate having power to try such case or commit the case for trial.
Section 155(3) States Any police officer receiving such order may exercise the same powers in respect of
the investigation (except the power to arrest without warrant) as an officer in charge of a police station
may exercise in a cognizable case.
Section 155(4) States Where a case relates to two or more offences of which at least one is cognizable, the
case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.

11. Remand is a process by which a person keeps in the custody before its actual conviction process. A person i.e. an
accused can be held in remand in the custody till their trial or conviction in serious crimes, like murder, rape, etc.
Meaning of the Remand is “to send back”. It means when a person an accused arrested by the police officer then
the police officer can’t keep the accused in its custody for more than 24 hours(sec. 57 CrPC), he has to present the
accused before the Magistrate after the completion of such period, for more detention in the custody. Then the
magistrate will order for more detention of the accused in the custody, it is called remand. It is also known as “pre-
trial detention”. Sections 56, 57, 167, and 309 of the code deal with the procedure to be adopted in relation to grant
of remand (judicial remand as well as police remand).
Type of remand:-
1. Judicial Remand or Judicial Custody:-
In judicial custody, the accused is sent to the local jail or some other establishment under the watchful eyes
of the judiciary, i.e. the custody of the accused in the hands of the judiciary.
2. Police Remand or Police Custody:
In police custody, the accused is sent to the police station’s jail. In this police seeks custody of an accused to
interrogate him further.
The police cannot keep any accused in its custody for more than 24 hours without remand. Section 57 of the
Cr.P.C.1973 specifically prohibits a police officer from detaining the arrested person for more than 24 hours in police
custody, exclusive of the time necessary for the journey from the place of arrest to the court of Magistrate except
under the special order Magistrate.
CASE: R.K. Naba Chandra Singh vs. Manipur administration, AIR 1964 Gau 39, the Hon’ble High Court pointed out
that,” if the police officer considers that the investigation cannot be completed within 24 hours, it is his duty to
produce the accused forthwith before the Magistrate”.
Maximum period of police remand.
The time computation for the remand can be understood under the following heads:
1. Initial remand
2. Extension of remand
3. From when or from which date the period of remand is computed
4. Change in custody
Initial Remand:
Section 167(2) of Cr.P.C. 1973 provides that if the magistrate has adequate grounds, he authorize the detention of
the accused for 15 days but it should not exceed it. The type of custody depends on the discretion of the magistrate
as the words used in the section are ‘in such custody as such magistrate thinks fit’.
CASE: Yashwant Bapuji Mokashi vs. State of Maharashtra, AIR 1968, Bom 273, it was held that in view of sub-
section (2) of section 167 of the code the period of detention in police custody shall not exceed 15 days.
Extension of Remand:

12. Section 167(2) of Cr.P.C. 1973 provides for the extension of remand period on the request of the police but shall be
done only if adequate grounds are provided by the police for the extension to the judicial magistrate under the
following case
1. The detention shall be in custody other than the police.
2. The total time period of detention (including the time period of initial detention of 15 days) shall not exceed:
a) 90 days where the investigation relates to an offence punishable with death, imprisonment for life or
imprisonment for a term of not less than10 years.
b) 60 days where the investigation relates to any other offence.
From When or From Which Date The Period of Remand Is Computed:
CASE: CBI (Delhi) v. Anupam J. Kulkarni, A.I.R. 1992 S.C. 1768, The court held that the period of first 15 days is to be
computed from the date of detention as per the orders of the magistrate and not from the date of arrest by the
police and the period of 60 or 90 days is to be computed from the date of such detention order and hence would
include the detention period of first 15 days as well.
Change In Custody:
CASE: Chaganti Satyanarayana and Ors. v. State of Andhra Pradesh, (1986) 2 S.C.R. 1128, It was held that the
accused can be transferred from the custody of police to judicial and again to police and so on provided the total
time period shall not exceed 15 days as a whole.

13. The procedure of recording the confessions is defined in Section 164 of the Criminal Procedure Code 1973.
Section 164(1) Cr.P.C 1973 puts forth that Judicial Magistrate or any Metropolitan Magistrate whether or not he has
jurisdiction can record any confession or any statement made to him during the process of investigation or under
any other law for the time being in force, or at any time before or afterwards before the commencement of the
inquiry or trial. Subsequently, the proviso of the section states that no confession shall be recorded by a police
officer on whom any power of a Magistrate has been conferred under any law for the time being in force. The
Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make
a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any
such confession unless, upon questioning the person making it, he has reason to believe that it is being made
voluntarily.
According to Section 164(2) Cr.P.C 1973, before recording the confession, the Magistrate shall explain to the person
giving the confession that he is not bound to confess and if he does confess then it may be used as evidence against
him, the confession should be voluntary.
As per Section 164(3) Cr.P.C 1973, if at any time before the confession is recorded, if a person is not willing to give
confession before the Magistrate then the Magistrate shall not authorise the detention of such person in police
custody.
As per Section 164(4), a confession shall be recorded in the manner that has been laid down under Section 281
Cr.P.C 1973, for recording the examination of an accused person and shall be signed by the person making the
confession. This is followed by the Magistrate making a memorandum at the foot of such record.
In the light of Section 164(5) Cr.P.C 1973, any statement except for a confession made under sub-section (1) shall be
recorded in a manner as per the specified one set for the recording of evidence as is, in the opinion of the
Magistrate, best fitted to the circumstances of the case. The Magistrate shall have the power to administer the oath
to the person whose statement is so recorded.
Section 164(6) Cr.P.C 1973 states that the Magistrate recording the confession or statement shall forward it to the
Magistrate by whom the case is to be tried.
If the provisions of section 164 or section 281 of the Criminal Procedure Code are not followed, then the evidence
can be taken for such non-compliance. Such a statement may be admitted if the magistrate is satisfied that the non-
compliance has not injured the accused in his defence on the merits and that the statement was duly made.
CASE: Mahabir Singh vs State Of Haryana , 2001 , The court observed that, Where the Magistrate fails to explain to
accused that he was not bound to make the confession and that if he did so, such confession might be used as
evidence against him, that confession so recorded, cannot be taken into consideration.

14. Police Diary
Section 172 of The Code of Criminal Procedure, 1973 deals with case diaries which also known as police diary. This
diary is different from the station diary (i.e. internal police record).This section deal about, how to maintain them,
their evidentiary value, etc.
Section 172 of The Code of Criminal Procedure, 1973 has three clauses -
1) Under Chapter XII which deals with Information to the police and their powers to investigate, every police
officer needs to maintain a case diary while carrying out an investigation. It should be updated every day
while the investigation goes on. Particulars of the case, such as the time at which the case was reported,
time at which the investigation began, the time when he closed the investigation, places visited by him for
the purpose of the investigation, and detailed account of circumstances overseen, should be noted down in
the diary.
2) Such diaries may be demanded by any Criminal Court for a case that is under inquiry or trial. These diaries
shall be used to aid such inquiry/ trial. They cannot be used as evidence.
3) The accused or his/her agent is not allowed to, nor entitled to ask for and see such diaries. However, section
161 or section 145 of the Indian Evidence Act, 1872 may apply in case the diary has been used by the officer
who made it to refresh his/her memory, or if the Court uses the diary to cross-question and counter such
police officer.
Evidentiary value
Even though a case diary is an official document, it does not mean it is admissible in court as evidence,
simply because of the fact that its contents might not be absolutely true and maybe hampered with. Entries of a
police diary are not substantial.
Object and use of case diary
The case of Emperor vs. Mannu, (1920) ILR 42 All 294 deals with a case diary’s importance, purpose and
how to be used by trial courts. In this case, it was clarified and reiterated that the contents of the case diary are to
be disregarded as legal evidence and are to be used for the exclusive purpose of cross-questioning the police officer
who made the case diary. Even in that case, it does not mean that the entry can still be served as evidence, or was
absolutely correct and true; it simply means that what is stated in the entry varies with the evidence given
subsequently.
Nothing in the diary has any evidentiary value; however, it may serve as giving clarity to vague points and
establishing a proper occurring of events before the decision of the case is decided. It can be used as an aid in
framing a charge, not the cause of framing a charge.

15. ARREST
The word ‘Arrest’ has not been defined under the CRPC or the IPC. However, it may be referred to as the
apprehension of a person by legal authority resulting in deprivation of his liberty.
In the case of R. Chari v. State of Uttar Pradesh AIR 1951 SC 207, the apex court characterized arrest as “the
act of being taken into custody to be officially accused of a crime”.
The mere purpose behind arrest is to bring an arrestee under the watchful eye of a court and to make sure
about the administration of the law.
Chapter V of Code of Criminal Procedure, 1973 deals with the arrest of people under Sections 41 to Section
60.
The Code of Criminal Procedure contemplates two types of arrests:
(1) Arrests in pursuance of a warrant and
(2) Arrests without any such warrant.
A warrant of arrest is a written order by a magistrate directing apprehension of a person by the police or by
any person who is so directed by the order.
Further, Section 46 of The Code of Criminal Procedure, 1973 explains the procedure for arrest. Arrest shall be
made by reasonable use of force which includes touch, confinement of body or wilful submission with certain
safeguards with respect to women.
Arrest in pursuance of a warrant:
The Court is empowered to issue an arrest warrant under the Code of Criminal procedure in both cognizable
and non-cognizable cases.
The issue of a warrant is a more drastic step than the issue of a summons. Ordinarily, a warrant is issued only
in serious cases and after a duly served summons is disobeyed or if the accused has wilfully avoided the service of the
summons.
The following are the six requirements of a valid warrant:
(i) It must be in writing.
(ii) It must be signed by the Presiding Officer of the Court issuing the warrant.
(iii) It must bear the seal of the Court.
(iv) It must contain the description of the person to be arrested with sufficient certainty so as to identify him
clearly.
(v) It must clearly specify the offence.
(vi) It must also name the person who is to execute such warrant.
A warrant of arrest can be executed anywhere in India as stated in Section 71 of CrPC However, execution of
a warrant outside the local jurisdiction of the court by which it was issued needs special procedure to be followed as
prescribed under Section 78 to 81 of the CrPC.
Arrest without any such warrant:
Arrest made by Police:

16. Section 41 CRPC enlists certain conditions that must be satisfied for a police officer to make an arrest without
a warrant.:
1. Anyone who commits a cognizable offence in presence of a police officer.
2. Against whom a reasonable complaint has been made, or credible information has been received, or a
cognizable offence has been committed which may be extended to seven years, whether with or without fine
if:
a. Police Officer has reasonable reason to believe on the basis of the complaint that the person has
committed the offence.
b. Police officer believes such arrest is necessary
i. To prevent future offences
ii. For proper investigation of the offence
iii. To prevent from tampering of evidence
iv. Prevent from any inducement, threat to any other
v. Where his presence cannot be assured.
The police officer shall record while arresting, in writing. (Proviso - also record for not arresting)
3. If he has been proclaimed as an offender by the State Government of the Code.
4. If he has possession of stolen property.
5. Obstructs a police officer while in execution of his duty.
6. Deserter from any of the Armed Forces of the Union
7. Reasons to believe and credible information exists for offence committed outside India.
8. Who being a released convict, commits a breach of any rule made under Section 356(2)
9. Any person for whose arrest requisition has been received from another police officer
Further, the Executive Magistrate may order to make arrest without warrant in order to maintain peace and
upkeep tranquillity in society.
From the words of Section – 41, police office “may arrest” it reflects the discretionary power of police officer, but this
power is not to be exercised arbitrarily.
In Binoy Jacob v. CBI 1993 RLR 263, the High Court of Delhi held that, in a country governed by Rule of Law the
discretion of authority does not mean, whim, fancy or wholly arbitrary exercise of discretion.
Arrest Made by Private Person -
As per Section – 43 of the Criminal Procedure Code, any private person may arrest without warrant, when any person
–
1. Commits a non-bailable and cognizable offence in his presence or
2. The person is a proclaimed offender
Arrest By Magistrate -
As per Section – 43 of the Criminal Procedure Code , any magistrate either it’s Executive or Judicial magistrate, may
arrest or can order any other person to make arrest if
1. An offence is committed in his or her presence
2. An offence is committed in his local jurisdiction.
Rights of Persons Arrested:
There are several rights of a person who is arrested and that lays an obligation on the other party with whom
they have to exercise their right.
1. The person is to be Informed about grounds of arrest
2. No Unreasonable Restraint
3. Information to a nominated person is obligatory (Sec. 50-A.)

17. 4. Right to have Medical Examination – (Sec – 54)
5. Information about Right to Bail
6. No detention beyond 24 hours
7. Consultation with Legal Practitioner
Sheela Barse v State of Maharashtra, (1983) the Supreme Court said that it is the duty of magistrate to inform
the person arrested about his right of Medical Examination.
Duties of a Police Officer while making an arrest:
According to Section 41B of the CrPC, Every police officer while making an arrest shall—
(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;
(b) prepare a memorandum of arrest which shall be—
(i) attested by at least one witness, who is a member of the family of the person arrested or a respectable
member of the locality where the arrest is made;
(ii) countersigned by the person arrested; and
(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right
to have a relative or a friend named by him to be informed of his arrest.

18. Section 460. Irregularities which do not vitiate proceedings.
If any Magistrate not empowered by law to do any of the following things, namely-
(a) to issue a search-warrant under section 94;
(b) to order, under section 155, the police to investigate an offence;
(c) to hold an inquest under section 176;
(d) to issue process under section 187, for the apprehension of a person within his local jurisdiction who has
committed an offence outside the limits of such jurisdiction;
(e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 190;
(f) to make over a case under sub-section (2) of section 192;
(g) to tender a pardon under section 306;
(h) to recall a case and try it himself under section 410; or
(i) to sell property under section 458 or section 459, erroneously in good faith does that thing, his proceedings
shall not be set aside merely on the ground of his not being so empowered.
Section 461. Irregularities which vitiate proceedings.
If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely-
(a) attaches and sells property under section 83;
(b) issues a search-warrant for a document, parcel or other thing in the custody of a postal or telegraph
authority;
(c) demands security to keep the peace;
(d) demands security for good behaviour;
(e) discharges a person lawfully bound to be of good behaviour;
(f) cancels a bond to keep the peace;
(g) makes an order for maintenance;
(h) makes an order under section 133 as to a local nuisance;
(i) prohibits, under section 143, the repetition or continuance of a public nuisance;
(j) makes an order under Part C or Part D of Chapter X;
(k) takes cognizance of an offence under clause (c) of sub-section (1) of section 190;
(l) tries an offender;
(m) tries an offender summarily;
(n) passes a sentence, under section 325, on proceedings recorded by another Magistrate;
(o) decides an appeal;
(p) calls, under section 397, for proceedings; or
(q) revises an order passed under section 446, his proceedings shall be void.
463. Non-compliance with provisions of section 164 or section 281.
(1) If any Court before which a confession or other statement of an accused person recorded, or purporting to
be recorded under section 164 or section 281, is tendered, or has been received, in evidence finds that any
of the provisions of either of such sections have not been complied with by the Magistrate recording the
statement, it may, notwithstanding anything contained in section 91 of the Indian Evidence Act, 1872 (1 of
1872), take evidence in regard to such non- compliance, and may, if satisfied that such non-compliance has
not injured the accused in his defence on the merits and that he duly made the statement recorded, admit
such statement.
(2) The provisions of this section apply to Courts of appeal, reference and revision.

19. Charges
What is Charge?
The term ‘charges’ in the criminal law, basically means the allegations or the offences imposed on a person.
Charge is defined under Section 2(b) of the Code of Criminal Procedure inclusively. According to this section, the
charge includes any head of the charge when there are more than one heads.
For example: A is accused of theft, so here the charge is of theft. Therefore, the charge is a formal recognition given
by a magistrate to the accused person’s act which allows the person to know his act.
The main objective of Charge is to give basic knowledge to accused of the offence that he has been charged for it
and also give him time to prepare for his defence.
Components of charge under Crpc
Essentials of Charge under CrPC
(a) Stating the crime: The crime should be expressed in the charge sheet so that the accused can shield
themselves.
(b) Describe crime by name: The name of the crime, as well as the offence, must be clearly defined and
explained concerning such charge.
(c) Defining and understanding crime: In those places where criminal law has not named the crime, then a
definition/meaning of the crime should be expressed
(d) Mentioning of law and clause of law: In this charge, there should be a law or a section of the law against
which the crime is said.
(e) Substantive requirements of offence to be complied with: The charge must satisfy the requirements of the
offence, whether or not there are any exceptions and if so, the charge must be followed.
(f) Charge language: It should be noted that one of the basic imperatives of charge is that the charge is
implicated in English or the language of the court or language understood by an accused.
(g) Previous convictions of accused person: The charge may state the fact, date and place of previous
conviction at the places where the accused is liable for the enhanced sentence based on his previous
conviction and where such previous conviction is to be proved.
(h) Description of time, place and person: A charge requires that the time when the offence occurred involves
the time at which the offence was committed, the person against whom the offence was committed and any
other object or object against which the offence was committed.
(i) Details of the way the crime was committed: In cases where the above-mentioned information is not
sufficient to give notice of the crime with which the alleged accused has been charged, then it is expected
that the charge will include details of how the alleged offence was committed.
(j) In relation to which crime is committed: A charge needs to be expressed in relation to the property about
which the offence has been stated.

20. Conditions for amendment and alteration of charge
Exceptions to general rule

21. Bail
The term “bail” has its origin from an old French word ‘baillier’ which means to provide and a Latin word
‘bajulare’ denoting to bear a burden.
Bail is nowhere defined in the Criminal Procedure Code but related terms like ‘bailable offence’ and ‘non-bailable
offence’ have been defined in section 2(a) CrPC. As per the Black’s Law Dictionary, bail is defined as “the release of a
person from legal custody, by undertaking that he/she shall appear at the time and place designated and submit
him/herself to the jurisdiction and judgement of the court”.
According to Section 2(a) The Code of Criminal Procedure. 1973 "bailable offence" means an offence which
is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force, and
"non-bailable offence" means any other offence.
The basic and fundamental object of bail is to ensure the attendance of accused at the trial before court.
GURU CHARAN SINGH VS STATE OF DELHI ADMINISTRATION AIR 1978 SCC 118
PRINCIPLE REGARDING BAIL
Supreme court observed that
• In a bailable offence bail is a matter of right
• In a non bailable offence bail is a matter of discretion
• Bail shall not be granted by a magistrate if offence is punishable by death or imprisonment for life
• High court and court of session has wider discretion about granting of bail
When and When not can Bail be granted?
The purpose of Bail is to ensure the appearance of an accused before the court whenever required. However,
granting bail is not advisable in all cases. The working of the bail system in India was highlighted in the case of
Hussainara Khaton vs Home Secretary, 1980 where J Bhagwati observed that the courts must abandon the
antiquated concept under which pretrial release is ordered only against bail with sureties.
Chapter 33 of CrPC provided Provisions As To Bail And Bonds
The bail under CrPC is divided according to the types of offence alleged against the accused.
The basic rules for grant or denial of bail may simply be summarized as:
1. There are only two kinds of offences under the criminal law, bailable offence and non-bailable offence.
2. In case of bailable offences, as per section 436 CrPC (criminal procedure code 1973) bail has to be granted to the
accused as it is a matter of right for the accused to demand and be granted bail.
3. In case of non-bailable offences, as per section 437 CrPC and Section 439 CrPC, the grant or refusal of the bail is
a matter of discretion of the court which means bail can be granted by the court. Only condition is that it cannot
be demanded as a right by the accused.
4. The section 437 CrPC (Code of Criminal Procedure 1973) lays out certain basic criteria for the court while
exercising its judicial discretion for grant or refusal of the bail in case of non-bailable offences, some of the
criteria are the nature of offence, past criminal record, the probability of guilt, etc. and carves out exceptions for
minors, women etc.
5. Section 438 CrPC also lays down the concept of Anticipatory Bail where the accused may seek bail if they
apprehend arrest, so as to prevent even the otherwise brief incarceration. It must be noted that the grant or
refusal of anticipatory bail is also a matter of discretion for the court.
The Hon'ble Supreme Court of India has mentioned several other criteria as factors to be taken into consideration
when granting bail in non-bailable offences, these factors include but are not limited to probability of recommission
of the offence, possibility of frightening witnesses, probability of evidences being tampered, the seniority of the
accused and his consequent circles of influence in affecting the investigation if released.
Landmark cases on the factors to be taken into consideration while hearing bail application are State through CBI v.
Amarmani Tripathi AIR 2005 SC 3490, Gurcharan Singh v. State of Delhi, AIR 1978 SC 179. The judgment in various

22. cases specifically states that "bail is a rule and jail is the exception". That means apart from the above noted factors
‘bail not jail’ should be the thumb rule, implying that as far as possible the Courts must try and grant bail and only in
exceptional circumstances can bail be refused.
Bail for Bailable offences – A person accused of a bailable offence can demand to be released on bail as a matter of
right. This is provided for by Section 436. Section 436 –
When any person not accused of a non-bailable offence is arrested or detained without warrant by an officer in
charge of a police station, or appears or is brought before a court, and is prepared to give bail at, any, time while-in
the custody of such officer or at any stage of the proceeding before such court to give bail, such person shall be
released on bail. Such person shall be release on bail. instead of taking bail from such person, discharge him on his
executing a bond without sureties for his appearance.
If such person is indigent and unable to furnish surety
• Such officer or court shall discharge him
• Or his executing a bond without surety Indigent person
Where a person is unable to give bail Within a week of his arrest. It shall be sufficient ground to presume that he is
an indigent person.
Note:- Section 436 A allows a person to be released on his own surety if he has already spent half the maximum
sentence provided for the alleged crime in jail. However, this does not apply if death is one of the punishments
specified for the offence.
Bail for Non-Bailable offences – Offences has been classified under two heads bailable and non bailable. In case of
non bailable offence as per sec-437 cr.p.c. the granting or refusal of bail is a matter of discretion of the court which
means bail cannot be said as a matter of right.
The principle underlying sec-437 Sec-437 provide as to when bail may be taken in case of non bailable offence. The
principle underlying sec-437 is towards granting of bail except in case where there appear to be reasonable ground
for believing that the accused has been guilty of an offence punishable with death or imprisonment for life and also
where there are other valid reason that justify the refusal of bail. Applicability The section is concern only with court
of magistrate. It expressly excluded the high court and court of session.

23. Summary Trials
A summary trial implies speedy disposal. A summary case is one which can be tried and disposed of at once.
Needless to say, the summary procedure is not intended for a contentious and complicated case which merits a full
and lengthy inquiry.
A summary trial is “summary” only in respect of the record of its proceedings, and not in respect of the
proceedings themselves, which should be complete and carefully conducted, as in any other criminal case.
The following are such offences: [S 260(1)]
a) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
b) theft under any of the Sections 379, 380, 381, Penal Code, 1860 (IPC) where the value of the property stolen
does not exceed Rs.2000;
c) receiving or retaining stolen property under Section 4II IPC where the value of the property does not exceed
Rs.2000;
d) assisting in the concealment or disposal of stolen property, under Section 414 IPC, where the value of such
property does not exceed Rs.2000;
e) offences under Sections 454 and 456 IPC (i.e. "lurking house trespass or house-breaking in order to commit
offence punishable with imprisonment" and "lurking house-trespass or house-breaking by night");
f) insult with intent to provoke a breach of the peace, under Section 504 and criminal intimidation, punishable
with imprisonment for a term which may extend to two years, or with fine, or with both under Section 506
IPC;
g) abetment of any of the above offences;
h) an attempt to commit any of the foregoing offences, when such an attempt is an offence; and
i) Any offence in respect of which complaint may be made under Section 20, Cattle Trespass Act, 1871.
Magistrates authorised to conduct summary trials
It may be noted that if any Magistrate not empowered to try in a summary manner tries an offence summarily, the
trial shall be void. [S·461(m)].
The Magistrate empowered to try summarily has discretion to do so; the discretion, however, is to be exercised
judicially. [S. 260(2)]
The following Magistrates may try in a summary way, for the mentioned offences [S. 260(1)]
(a) Any Chief Judicial Magistrate;
(b) Any Metropolitan Magistrate; and
(c) Any Magistrate of the first class specially empowered in this behalf by the High Court.
Further, as provided by Section 261 any Magistrate of the second class if empowered by the High Court in this behalf
may summarily try any offence which is punishable only with fine or with imprisonment for a term not exceeding six
months with or without fine and any abetment of or attempt to commit any such offence.
The following procedure to be observed in case of summary trials:
(a) Normally summons case procedure Subject to the special provisions made in this behalf, the ordinary
procedure prescribed for the trial of a summons case shall be followed in the trial of cases to be tried in a
summary way. [S. 262(1)]
(b) Punishment If, in a summary trial, the accused is found guilty, he shall not be sentenced to imprisonment for
a term exceeding three months.
Record: The record shall be written in the language of the court.
In every summary trial, the Magistrate shall record the following particulars in the prescribed form:
(a) the serial number of the case;
(b) the date of the commission of the offence;
(c) the date of the report or complaint;
(d) the name of the complainant (if any);
(e) the name, parentage and residence of the accused;
(f) the offence complained of and the offence (if any) proved, and in cases coming under any of the clauses (ii),
(iii), (iv) of Section 260(1), the value of the property in respect of which the offence has been committed;
(g) the plea of the accused and his examination (if any);
(h) the finding;

24. (i) the sentence or other final order;
(j) The date on which the proceedings terminated [So 263].
Judgment
1) In every case in which the accused does not plead guilty, the Magistrate shall record the substance of the
evidence and a judgment containing a brief statement of the reasons for the finding. [S. 264].
2) Section 265 provides that, the judgment is to be written in the language of the court.
Procedure of Trial of Summons Case
The process of trial for summon cases is less concise in nature. The procedure of the summon cases is as follows: –
1. Explaining the substance of allegation to the accused (Section 251): – When an accused appears before the
court, the allegations made against him shall be explained to him. But under this section, it is not mandatory to
frame the charge against him.
2. The Conviction On Plea of Guilty (Section 252): – After explaining the allegations of the offence to the accused, if
he pleads guilty then the Magistrate can record the exact words of the accused and may convict him for further
proceedings. In case the accused not accepted the plea of guilty, Magistrate can proceed with Section 254.
3. The Absence of Accused (Section 253): – If the accused before appearing the Magistrate has to plead guilty, he
can send a letter by post or messenger and the letter must contain the plea of the accused also the fine amount
specified in the summons. The Magistrate at his discretion convict the accused and order him to pay the fine, or if
a lawyer is presented for the accused before the Magistrate and pleads guilty on behalf of accused, the
Magistrate can record the words used by the lawyer and move to further proceedings.
4. The Procedure When the Accused Is Not Convicted on Plea (Section 254): – If the accused is not convicted on
plea under Section 252 and Section 253, then for prosecution and the defence part Section 254 is provided. The
magistrate after hearing the accused, he calls the prosecution to open the case by presenting all the facts,
circumstances related to the case and the evidence. The Magistrate on the application of prosecution issue
summons to the witnesses to appear before the Court or to present any documents relating to the facts of the
case. The Magistrate takes all the evidence and may be produced in support of the prosecution.
5. Acquittal or Conviction (Section 255): – The Magistrate after taking the entire evidence produced in the case,
finds the accused is not guilty, he can order acquittal and if the Magistrate finds the accused guilty, he is required
to pass sentence according to the law. However, considering the nature or circumstances of the offence and the
character of the offender, the Magistrate can order for admonition or probation of good conduct under Section
360 or Section 325 of the Code.
6. Death or Non-Appearance of the Complainant (Section 256): – If the complainant has not appeared before the
court on the date fixed for appearance, the Court can acquit the accused unless the Court has reason to adjourn
the case to another day. In sub section 1 of 256, the complainant not appeared before the Court due to the death
of complainant, the defendant can be acquitted. In S.Rama Krishna vs. Rami Reddy it was held by the Supreme
Court that in case the representative of the dead complainant not appeared for 15 days then the defendant can
be acquitted.
7. The Withdrawal of Complaint (Section 257): – The complainant can withdraw the case before the final
judgement by satisfying the Magistrate that there is no ground for continuing the complaint on the accused and if
there is more than one accused, against all, the Magistrate allows the Complainant to withdraw the case.
8. Discharge of Summons Case (Section 257): – Under Section 258, a Magistrate of First Class with the previous
sanction of the Chief Judicial Magistrate, or any other Judicial Magistrate for the reasons recorded can stop the
proceedings and if the proceeding is stopped after the evidence recorded then it is a judgement of acquittal, if
the proceeding is stopped before the record of evidence then it is released with the discharge of the case.
Procedure of Trial of Warrant Case
Section 220-237 of the Criminal Procedure Code lays down the procedure for trial of warrant cases before a Court
of Sessions established on police report and accordingly the procedure for trial is as follows: –
1. Trial to be conducted by the Public Prosecutor (Section 225): – Before a Court of Session, the prosecution shall
be conducted by the Public Prosecutor. The Public Prosecutor represents the State in all the trials before the
Court of Sessions.

25. 2. Opening Case For Prosecution (Section 226): – When the accused commits an offence under Section 209, and
the accused is brought before the Court, the Prosecutor shall open his case by explaining the charge against the
accused and states the evidence he proposes to prove the guilt of accused. It is not necessary to include the full
documents of evidence to present before the Court of Sessions during the opening of prosecution. The
Prosecutor is required to address the witnesses of the case and whom he proposes to call.
3. Discharge (Section 227): – The Court, after consideration of the records of the case and the documents
submitted, and hearing the prosecution and the accused, if the judge considers that there is no sufficient ground
for proceeding against the accused, he shall discharge the accused under Section 227. And it is necessary to
record the reasons for discharging of accused.
4. Framing Of Charge (Section 228): – The Court, after considering the record of cases and documents as evidence
and hearing the prosecution and the accused, if it is found that the accused has committed the offence, and
exclusively triable in Court of Session, he will frame the charge against the accused. If the case is not exclusively
triable in Court of Session, the judge may frame the charge and transfer the case to Chief Judicial Magistrate or
any other Judicial Magistrate of First Class.
5. Conviction on Plea of Guilty (Section 229): – Under this section, the Court can accept the plea of the accused and
he also ensures that the plea of the accused is made by himself, not under any influence. The judge after
recording the plea may in his discretion convict the accused.
6. Date for Prosecution Evidence and Evidence for Prosecution: – Under Section 230 and 231 respectively, If the
accused refused to plead guilty or does not plead, or claim to be tried then the Judge may issue any process for
compelling the production of any document or for the attendance of the witness or other thing. The judge shall
proceed to take all the evidence produced by the Prosecution.
7. Acquittal (Section 232): – If there is no evidence against the accused then the judge can order acquittal under
Section 232 or the evidence submitted by the prosecution against the accused, if the court found it as groundless
then a judge can order an acquittal.
8. Defence (Section 233): – If the accused is not acquitted the steps for defence may starts and he shall be entered
on his defence to produce the evidence in his support. The evidence produced by the defence in written form will
be filed by the Judge as a record.
9. Judgement Of Acquittal or Conviction (Section 234): – After hearing the arguments (Section 234 CrPC), the judge
will decide the case. The judgement of acquittal or conviction is only after the hearing of both the prosecution
and the defence. Section 236 of CrPc states that, if the accused is convicted previously under Section 211(7) and
if the accused not admitting the previous conviction, then the judge may call for the evidence of the previous
charge.
Section 238-250 of the Criminal Procedure Code lays down the procedure for trial of warrant cases by
Magistrate established on police report and accordingly the procedure for trial is as follows: –
1. Section 207 CrPC: – On the institution of any warrant case the accused must be provided with a copy of the
police report and other documents when the accused appears or is brought before the Magistrate at the
beginning of the trial.
2. Discharge of accused on baseless charge (Section 239): – The Magistrate shall consider every report on receipt of
the police report and other documents and making it available to the accused. He shall be given a reasonable
opportunity of being heard to the accused and the prosecution (commonly called a charge argument); the
magistrate will investigate the accused if necessary. If the magistrate finds that the allegation against the accused
is baseless, he shall acquit the accused under section 239. He will also investigate prima facie of the case.
3. Framing of charges (Section 240): – If the Magistrate is of opinion that there is ground to believe that the
accused has committed an offense and is competent to try such offense which in his opinion may sufficiently
punish the accused. Then the charge will be framed against the accused in writing and the trial will start.
4. Conviction of charge of guilty: – If the accused pleads guilty, the Magistrate shall record the plea and may in his
discretion convict him.
5. Evidence for Prosecution (Section 247): – If the accused denies to be guilty and claims to be prosecuted, the
Magistrate shall fix the date for examination of the witnesses u/s 247. The accused refused to plead, or does not
plead, or claims to be tried the Magistrate fix a date for the examination of prosecution witnesses. And the
Magistrate, on the application of the prosecution, will issue a summons to any person as a witness and ask him to
produce the documents.

26. 6. Statement Of Accused (Section 313): – Under Section 313 CrPc accused is examined to explain the circumstances
appearing in evidence of the case against him. During the examing of the accused the questions and answer
which given is recorded.
7. Evidence for Defense (Section 243): – Under section 243 of the prosecution witnesses, the defense witnesses are
produced by the accused, the expenses on coercing the appearance of the witnesses shall be borne by the
accused. The accused enters upon the defence and produce the evidence and if the accused puts in a written
form, the Magistrate file it to record.
8. Argument and Judgement: – The last two stages are consist of argument and the judgement by the Magistrate.
The argument is when the defence complete with their evidence, and Prosecutor sum up the case and the
accused or his lawyer has to reply on it. After the argument, the next stage is acquittal or conviction of the
accused by the Magistrate.
Difference between Warrant case and Summons case
S.NO. WARRANT CASE SUMMONS CASE
1. In Warrant case, the punishment is of death
penalty, life imprisonment or imprisonment
more than 2 years.
In summon case, the punishment will
not exceed more than 2 years.
2. Procedure of Warrant case is described under
Chapter-19 of CrPC from Section 238 to
section 250.
Procedure or summon case is described
under Chapter-20 of CrPC from Section
252 to section 259.
3. It is mandatory to frame charges against
accused.
It is not mandatory to frame charges
against accused.
4. Its objective is to notify the person about the
legal obligation to appear in the court.
To bring the accused to the court who
has ignored the summons and did not
appear to the court.
5. In this, authority is given to police officer to
bring and produce the accused to the court.
In this, instructions are to produce any
documents or other thing in the court.
Case laws
P.N. Bhattacharjee vs. Shri Kamal Bhattacharjee, 1994
The Guwahati High Court observed that the complainant was making extra efforts to order summons to the
witnesses and it was the duty of the magistrate to order summons to all the witnesses before giving the order of
dismissal just because the witnesses do not appear.
2. Ratilal Bhanji Mithani vs. The State of Maharashtra, 1978
It was determined that there were reasonable grounds to believe that the accused had committed the offence, and
the magistrate commenced trial proceedings by setting aside the dismissal of the case u/s sec 246(1).