There are two categories in which the criminal cases can be classified on the provisions laid down in the code:- Summon Case :- Definition of summon case is given in 2 x means, Summon case means a case relating to an offence not being a warrant case. Warrant Case: Means a case relating to an offence punishable by death, imprisonment for life or imprisonment for a term exceeding two years. The criteria of summons case and warrant case determine the duration of punishment in any offence is punishable with fine of Rs.
Hindustan Motors, Andhra Pradesh The issue of summon or warrant in any case does not change the nature of the case, supposing warrant is issued in a summon case it does not make the case a warrant case, in case of Padamnath v. Ahmad Dobi Procedure of trial of Warrant Case:- lays down the procedure for a warrant case:- A. Cases must be instituted upon police report:- Sec. Supply of copies of documents to the accused- When the accused appears or is brought before Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has supplied to the accused copies of the police report, FIR, confession, etc.
Discharge of accused: If after i considering the police report and other documents, ii examining the accused, and iii giving the prosecution and the accused an opportunity of being heard, the Magistrate considers that the charge preferred against the accused is groundless, he must discharge him, and record his reasons for doing so [Sec ].
In State of H. Krishan Lal AIR SC , the judge, after considering the material on records, found that a prima facie case made out against the accused. He needs to plead guilty from his own mouth, not by his pleader. Any admission made by his leader is not binding in nature. The court needs to have all pieces of evidence which are presented in the case and during the cross-examination stage. Prem Kumar vs. Suresh Kumar vs. State of Uttar Pradesh, accused person is entitled to get copies of the statement of the complaint before the charges are framed.
State of Maharashtra vs. Subba Rao and Tulsabai vs. P, under both these cases the difference between discharge and acquittal is told. After framing of charges only two conditions are left out whether the acquittal or discharge of accused person. If after framing of charges no evidence is laid down before the court then, the only order of acquittal can be passed not of discharge.
In the other case, it is explained that at an initial stage only the court need not have an elaborate inquiry of case, only relevant evidence should be presented to show that reasonable ground is present to take the case at a further stage in relation to the accused person. If no reasonable ground is shown then accused will be discharged or otherwise, he will be given next date for further proceedings.
It is the last stage where the accused person is either convicted or acquittal. The court may acquit the accused person if no evidence is laid down which indicate the involvement of the accused in committing the Act.
If no acquittal took place then, accused get the opportunity to present his case through writing or any other means he can produce evidence, witnesses to defend himself just like the way prosecution did it. An omission on the part of the Judge is the failure of justice. An accused person can apply for an application for compelling the attendance of a witness, all such application needs to be accepted by the court.
He can only deny in a situation where he is sure that such application is vexatious in nature just to waste the precious time of the court. After hearing both the side, when the issue arises for giving a closing statement that Section of the Act apply and the Closing statement is given by defence under Section and under Section by the prosecution side.
Before giving a final verdict, the previous conviction checked to see and relate the liability of the accused person in the present case.
According to a previous conviction, punishment is decided by the Court of law. Lastly, the defamation of higher dignities cases are handled by the public prosecutor and compensation will be paid by the accused person to the other party for wasting their time and money.
Final judgement should be made by the judge by keeping in mind all the evidence, witnesses and argument. The process of acquittal will be done as per Section and whereas provision regarding conviction is mentioned under Section A judge should pass the sentence of punishment as prescribed in law. Warrant case includes offence punishable with the death penalty, imprisonment for life and imprisonment for exceeding two years.
The procedure of Trial in warrant cases by magistrates:. Compliance with Section When any warrant case is filed on the Police report, then accused is brought before the magistrate for the recommencement of trial and magistrate shall satisfy himself that he has resulted with Section provisions. When accused shall be discharged: If upon seeing the police report and the documents sent under Section for making such examination.
After hearing both the side and considering all relevant point, if magistrate thinks that charges framed against the accused person are clearly groundless, then he shall discharge the accused and reason should be recorded for doing this act. Framing of Charge : After considering the examination, if the magistrate is of the opinion that there is ground for presuming that the accused has committed the offence then it will be triable by competent magistrate to give accurate punishment and frame charges against the accused.
Charges framed against him will be explained to him and later on, it will be seen that he pleaded guilty or not. Conviction on a plea of guilty : If an accused person accepts the offence committed by him, then the magistrate shall record the plea and on his discretion may convict him.
Evidence for Prosecution : If the accused refuses to plead the magistrate is not convicted under Section magistrate will fix a date for the examination of witnesses. The magistrate shall supply all the copies related to the statement given by witnesses during the investigation conducted by the Police officer. On the application made by the prosecution, the magistrate may issue an order of summons to any of its witnesses to be present in the court and to produce any important document or evidence.
On the fixed date, the magistrate will proceed to take all shreds of evidence which are produced in support of Prosecution. The magistrate may postpone the cross-examination of any of the witness unless and until any other witnesses are cross-examined.
Evidence for Defence: Accused is given the opportunity to enter upon his defence and produce the evidence to safeguard himself and if any written statement is given by accused in written form then it will be recorded by the magistrate. If the accused, after entering into defence requests the magistrate from compelling a process to present any witnesses for cross-examination purposes or to produce any document in relation to present matter.
Then, he will grant the permission for that till the time he believed that it is not done with any vexation intention or to waste the time of the court, or defeating the end of justice. Evidence for prosecution: When a warrant case is instituted other than on the police report that the accused will be presented before the magistrate, the magistrate shall proceed with the hearing process and take all the pieces of evidence as produced in support of the prosecution.
Syed Mohammad Husain Afqar vs. Mirza Fakhrullah Beg 8 Luck, such evidence must be taken into consideration as laid down under Section of the Indian Evidence Act. Jethalal vs. In Bhawna Bai v. Also, it is not necessary to record whether the case is beyond reasonable doubt. According to sec 2 of CRpC the charge must be read and explained to the accused by the Court and ask the accused whether we want to plead guilty. 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. 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. If there is no evidence against the accused then the judge can order acquittal under Section or the evidence submitted by the prosecution against the accused, if the court found it as groundless then a judge can order an acquittal.
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. After hearing the arguments Section 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 of CrPc states that, if the accused is convicted previously under Section 7 and if the accused not admitting the previous conviction, then the judge may call for the evidence of the previous charge.
Section — deals with the trial of warrant cases by the magistrate. And it is classified into two types Before the trial, the Magistrate assure that accused has been supplied with copies of FIR, Police report and the statement recorded by police from the witnesses and all other necessary documents that stated under Section CrPC.
Considering the police report and other documents, the Magistrate finds the charge against accused as baseless, he shall discharge the accused and record the reasons. The discharge of the accused is before the framing of charges. But the order of discharge under the section will not amount to the acquittal of the accused as the trial is not commenced. The Magistrate, after considering the police report, documents and records of case will frame the charges against the accused if he is satisfied with the grounds for presuming that the accused has committed the offence.
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