Explain in brief, the procedure for trial adopted in warrant cases instituted otherwise than on Police Report.

Question: Explain in brief, the procedure for trial adopted in warrant cases instituted otherwise than on Police Report. [U.P.C.J. 2012, UPCJ 1991, BIHAR J 1991, MPJ 2017]

Find the answer only on Legal Bites. [Explain in brief, the procedure for trial adopted in warrant cases instituted otherwise than on Police Report.]

Answer

In warrant cases instituted otherwise than on a police report, when the accused appears or is brought before the Court, the magistrate must at once proceed to hear the complainant and take all such evidence as may be produced in support of the prosecution.

The magistrate is further required to ascertain from the complainant or otherwise, the names of any persons likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution, and must summon such persons and take their evidence. The absence of the complainant, where there is one, does not affect the proceedings except in a case instituted upon a complaint which may be lawfully compounded, and the Court can compel his attendance, if necessary.

Thus, in a warrant case, it is the duty of the magistrate to cause the production before him of all material evidence for the prosecution and to hear it. In the exception above alluded to, the magistrate has the power to discharge the accused on the complainant makes a default.

Discharge of accused

After taking the evidence and making such examination of the accused as he may think necessary, if no case is made out which, if unrebutted would warrant a conviction, the magistrate should discharge the accused, and record his reasons for doing so. If, however, at any previous stage of the case the magistrate considers the charge to be groundless, he may record his reasons for that opinion, and discharge the accused.

Framing of charge

If a prima facie case is made out which the magistrate is competent to try and which he considers could be adequately punished by him, he should frame a charge. The instructions with regard to the framing of a charge in paragraph 9 above would apply in this case also. If the magistrate is not competent to try the case made out or considers that he cannot adequately punish the accused if convicted he should proceed at this stage, take the orders of the magistrate to whom he is subordinate, or proceed under Chapter XVIII if so empowered.

Sections 254 or 251-A (3) are of general application and require the magistrate to form an opinion before the charge is framed as to his being able to adequately punish the accused in case of conviction. Where it is clear at this stage that he cannot, in the event of conviction, adequately punish the accused, he should stay proceedings and refer the case to the District Magistrate for orders or, if competent, proceed to hold an inquiry with a view to committing the accused for trial.

Pleadings to charge

The charge should be read out and explained to the accused, and he should be asked to plead to it. If the accused refuses to plead or pleads not guilty he should be required to state at the commencement of the next hearing of the case, or if the Magistrate for reasons to be recorded in writing so thinks fit, forth-with whether he wishes to cross-examine any of the witnesses for the prosecution whose evidence has been taken before the framing of the charge. If he says that he does so wish, the magistrate should proceed as directed by section 256 of the Code.

Procedure in later stages

After this stage, the procedure for the trial would be very much the same as in a warrant case instituted on the police report. After the charge has been framed the magistrates should insist on day-to-day hearings until the prosecution evidence is concluded.

Examination of the accused and his entering upon his defence

After all the witnesses for the prosecution have been examined and before the accused is called on for his defence, the court must examine the accused and question him generally on the case as required by Section 342 of the Code, for the purpose of enabling the accused to explain any circumstances appearing in the evidence against the accused. An examination of the accused for that purpose can also be made at an earlier stage of the case but such examination at the conclusion of the prosecution evidence is mandatory.

Court to assist the accused in the conduct of the case

The magistrate would, where the accused is not represented by counsel at the conclusion of each witness statement call on the accused to state what objection he has to make to the evidence given by him, and such matters would be cleared up.

Another frequent ground taken in the appeal is that the accused did not understand what he was required to prove or disprove or was not asked what evidence he could give to rebut the case for the prosecution. These points should be as clearly explained to persons accused of criminal offences as are the issues to the parties in a civil suit, and all magistrates should devote particular attention to this matter.

Defence witnesses and the cost of summoning them

The magistrate is bound to cause the production of and hear all witnesses whom the accused desires to call, and to consider any documentary evidence relied on by him. The only exception to this rule is where the magistrate considers that in naming any witnesses the object of the accused is to cause vexation or delay or to defeat the ends of justice. In case the magistrate refuses to receive any evidence required by the accused, he should record his reasons for such refusal in writing.

In view of the proviso to sub-section (9) of Section 251-A, the attendance of a witness should not be compelled at the request of the accused where he has cross-examined or has had the opportunity of cross-examining the witness after the framing of the charge unless the magistrate is satisfied that it is necessary for the ends of justice.

Cost of Adjournment

The expression ‘on such terms as it thinks fit’ in section 344 (1A) of the Code gives the court power to award costs for an adjournment to the party to whom loss is caused by such adjournment. In exceptional circumstances when the accused is clearly at fault, he may be ordered to pay costs, but generally, when proceedings can be taken against him for the forfeiture of his bail bond for non-attendance at any hearing it would be improper to expose him also to a different penalty for payment of complainant’s costs.

Finding a sentence

At the conclusion of the trial, the magistrate must record his finding and, in case of conviction, pass a legal sentence.

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