Law and You >Procedural Laws > BNSS > Trial of Warrant Cases by Magistrate Instituted On a Police Report (Ss. 261 to 266, 271 BNSS)
According Section 2(z) of the BNSS, a “warrant case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Chapter XX of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the trial of warrant cases by magistrate. The Chapter is divided into two parts. Part A deals with trial of warrant cases instituted on a police report and Part B deals with trial of warrant cases instituted otherwise than on police report. In this article, we shall discuss provisions related to trial of warrant cases instituted on a police report.
The pre-trial phase Section 210(1)(b) provides that the Magistrate may take cognizance of any offence upon a police report of such facts. The police report must state facts which constitute the offence.
S. 261 BNSS:
Compliance with Section 230:
When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 230.
When the accused appears or is brought before the magistrate, the magistrate should, at the commencement of the trial, satisfy himself that he has complied with the provisions of Section 230 BNSS. Section 230 BNSS mandates that a magistrate must provide the accused and the victim with copies of certain documents, such as the police report, FIR, and witness statements under Sections 180 and 183 BNSS, free of cost and without delay. The documents provided are those that the prosecution intends to rely on, though other documents not relied upon may also be provided.
In case the Magistrate finds that any one or more of such documents have not been made available to the accused he shall, as a condition precedent to the commencement of the trail, see that it is done immediately.
This is a crucial step to ensure the accused can prepare a proper defence and a fundamental right to a fair trial. The object of this provision is to enable the accused to have an all-round picture of the case against him even at the commencement of the enquiry and in order to enable him to cross examine the witnesses on such defence as he may set up and to avoid delay. Sometimes it may be necessary to discontinue the groundless prosecution half way and discharge the accused to avoid unwarranted trial process which will ultimately result in acquittal.
S. 262 BNSS:
When Accused shall be Discharged:
(1) The accused may prefer an application for discharge within a period of sixty days from the date of supply of copies of documents under section 230.
(2) If, upon considering the police report and the documents sent with it under section 193 and making such examination, if any, of the accused, either physically or through audio-video electronic means, as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
Before an order for discharge may be passed under this section the Magistrate is required to:
- Consider all the documents referred to in section 193 BNSS; and
- Examine the accused, if it is considered necessary, and
- Give the prosecution and the accused an opportunity of being heard.
The word “discharge” here means a discharge in relation to the specific offence for which the accused has been charged. If, upon considering the police report and the documents sent with it under section 193 BNSS and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing. All that the Magistrate is required to do at this stage is to see whether there is a reasonable basis or foundation for framing a charge.
S. 263 BNSS:
Framing of Charge:
(1) If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge.
(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.
According to Section 263(1) BNSS, upon consideration of the police report and the documents sent with it , the examination of the accused , and hearing the parties , if the magistrates concludes that there are sufficient grounds for presuming that the accused has committed an offence , the magistrate shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge, mentioning therein the correct provision of the statute applicable. The examination of the accused aforesaid is to afford an opportunity to the accused to explain any circumstance appearing against him.
Under this section the magistrate should find out whether the materials referred to in that section makes out a prima facie case against the accused in which event he has to frame a charge.
According to Section 263(2) BNSS, the charge has not to be only read out to the accused but also explained to him so that he understands it thoroughly. The accused must then be asked whether he pleads guilty or claims to be tried.
Under this section based upon the facts as well as the police report submitted to the magistrate the charges are framed. So basically it is all about formally pronouncing the charges.
S. 264 BNSS:
Conviction on Plea of Guilty:
If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon.
A Magistrate has a discretion to convict an accused who pleads guilty or to proceed with the trial. The plea of guilty must be clear and unambiguous. It must be an admission of all the facts on which the charge is founded and also an admission of guilt in respect of them. If, for example, he admits material facts, but denies guilty knowledge or intention, the plea cannot be regarded as one of ‘guilty’.
Such a plea must be recorded as nearly as possible in the very words of the accused so that the revisionary or appellate courts may determine whether it really amounts to an admission of guilt and more importantly whether the lower court understood the accused correctly.
Under Section 264 BNSS, if the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon. If the accused is convicted on his plea of guilty the magistrate shall hear the accused on the question of sentence and then pass sentence on him according to law.
S. 265 BNSS:
Evidence for Prosecution:
(1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 264, the Magistrate shall fix a date for the examination of witnesses:
Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police.
(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.
(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution:
Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination:
Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government.
Evidence is the very soul of a criminal trial on the basis of which the veracity of the case is ascertained and thus forms a very critical stage of the case. It is on this basis the magistrate comes to the conclusion about the innocence or guilt of the accused. The four contingencies in which the magistrate shall fix a date for recording of the evidence are:-
- The accused refuses to plead, or
- The accused does not plead guilty, or
- The accused claims to be tried, or
- The accused pleads guilty but the magistrate does not convict him on his plea under section 264 BNSS.
In any of the above situation, the Magistrate shall fix a date for the examination of witnesses. The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution.
The magistrate takes all the evidence adduced by the prosecution, and he cannot acquit the accused after taking only part of the prosecution evidence. Section 351(1)(b) BNSS requires the court to question the accused person for the purpose of enabling him to explain any circumstances appearing in evidence against him.
S. 266 BNSS:
Evidence for Defence:
(1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.
(2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing:
Provided that when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice:
Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government.
(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court.
This Section enables the accused to apply to the magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross examination or the production of any document or other thing or the testimony of the witnesses through audio-visual means.
Section 353 BNSS, enables the accused to present himself as a witness and he has to do so by writing a prayer to the judge beforehand. After the completion of the defence evidence, the defence can address concise oral arguments and may submit to the court a memorandum in support to the case. Section 266(1) BNSS makes it mandatory for the magistrate to file with the record, any written statement submitted by the accused.
S. 271 BNSS:
Acquittal or Conviction:
(1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.
(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 364 or section 401, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.
(3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of subsection (7) of section 234 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon:
Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under sub-section (2).
Under section 271 BNSS after the arguments of the defence and reasons of the magistrate shall either convict or acquit the accused. If after the framing of charges the magistrate finds the accused innocent he shall record an order of acquittal but after the proceedings if the accused is found guilty then the magistrate may after hearing the accused on the question of sentence shall pass a sentence upon him according to law. In a warrant case a magistrate is competent to pass an order after the charge is framed, either acquitting the accused or convicting him for the offence. There is no provision of law which enables the magistrate to dismiss the complaint or pass an order of discharge in a warrant case after framing a charge.
Evidence of prior convictions is considered only post-guilt determination to avoid prejudice. The prosecution cannot refer to or adduce evidence of the previous conviction unless and until the accused is found guilty of the main charge.
Trial in Absentia:
Under Section 356 BNSS, if the accused absconds, trial may proceed after 90 days from charge framing, with warrants and notices.
Conclusion:
The trial of warrant cases by a Magistrate instituted on a police report represents a crucial mechanism in the Indian criminal justice system to ensure fairness, transparency, and procedural regularity. This process, governed primarily by Sections 261 to 266 and Section 271 of the CBharatiya Nagarik Suraksha Sanhita, 20233, strikes a balance between the rights of the accused and the interests of the State in prosecuting offenders. By mandating the supply of documents, examination of evidence, framing of charges, and providing opportunities for both prosecution and defense to present their cases, the law upholds the principles of natural justice and due process.