Trial of warrant-cases and summons-cases by Magistrates, and summary trials

1. Warrant-cases instituted on a police report (ss.261–266; old ss.238–243)

• Compliance with s.230 (s.261): at the start the Magistrate satisfies himself that copies of the police report and documents have been supplied.
• Discharge (s.262): the accused may apply within sixty days of supply of copies (new). If, on the police report and documents, examination of the accused (physically or by audio-video means) and hearing both sides, the charge is groundless, the Magistrate discharges him with reasons.
• Framing of charge (s.263): if there is ground for presuming the offence and he is competent to try and adequately punish it, he frames a charge in writing within sixty days of the first hearing on charge (new), reads and explains it, and asks for the plea.
• Plea of guilty (s.264): recorded; the Magistrate may convict.
• Prosecution evidence (s.265): the Magistrate must supply in advance the statements of witnesses recorded by the police; witnesses may be examined by audio-video means at a designated place; cross-examination may be deferred.
• Defence (s.266): written statement and defence witnesses; process refused only for vexation or delay.

2. Warrant-cases instituted otherwise than on police report (ss.267–270; old ss.244–247)

Here there is no police file, so the evidence comes first:

• Evidence before charge (s.267): the Magistrate hears the prosecution and takes its evidence.
• Discharge (s.268): if no case is made out which, if unrebutted, would warrant conviction; or at any earlier stage if the charge is groundless.
• Charge (s.269): if there is ground for presuming the offence; plea; if he claims trial, he states which prosecution witnesses he wishes to cross-examine; they are recalled and the remaining witnesses are then examined. New (s.269(7)): if the prosecution cannot secure its witnesses for cross-examination despite reasonable measures, the Magistrate may close the prosecution evidence and proceed on the material on record.
• Defence (s.270).

3. Conclusion of warrant trials (ss.271–273)

• Acquittal or conviction (s.271): on conviction, unless he acts under s.364 (sending the case to the CJM for a higher sentence) or s.401 (probation or admonition), the Magistrate hears the accused on sentence.
• Absence of complainant (s.272): in a complaint case for a compoundable or non-cognizable offence, the Magistrate may discharge the accused before charge, after giving the complainant thirty days to appear (new period).
• Compensation for groundless accusation (s.273, old s.250): the complainant or informant may be ordered to pay compensation up to the fine the Magistrate can impose, with up to thirty days' simple imprisonment in default.

4. Summons-cases (ss.274–282; old ss.251–259)

• Substance of accusation (s.274): the particulars are stated and the accused is asked whether he pleads guilty or has a defence. No formal charge is needed. New proviso: if the accusation is groundless, the Magistrate releases him with reasons, and the release has the effect of discharge.
• Plea of guilty (s.275), recorded as nearly as possible in his own words; plea of guilty by post or through an advocate in petty cases (s.276).
• Trial (s.277): prosecution and defence evidence.
• Acquittal or conviction (s.278).
• Non-appearance of complainant (s.279): acquittal after giving him thirty days, unless the Magistrate adjourns, or dispenses with his attendance where he is represented.
• Withdrawal of complaint (s.280): with permission; the accused is acquitted.
• Stopping proceedings (s.281): in summons-cases not instituted on complaint, a first class Magistrate (or another with CJM sanction) may stop proceedings; release after evidence of the principal witnesses has effect of acquittal, otherwise of discharge.
• Conversion (s.282, old s.259): where the offence is punishable with more than six months and the interests of justice require it, the Magistrate may try a summons-case as a warrant-case and recall witnesses.

5. Summary trials (ss.283–288; old ss.260–265)

Who and what (s.283(1)): any CJM or first class Magistrate shall try summarily:

• theft (BNS s.303(2), s.305, s.306), receiving or retaining stolen property (s.317(2)) and assisting in its concealment (s.317(5)), where the value does not exceed twenty thousand rupees (the CrPC figure was two thousand);
• house-trespass and house-breaking under BNS s.331(2) and (3);
• insult to provoke a breach of the peace (s.352) and criminal intimidation (s.351(2), (3));
• abetment and attempts of these; and complaints under s.20 of the Cattle-trespass Act, 1871.

New discretionary power (s.283(2)): after giving the accused a reasonable opportunity of being heard, and for recorded reasons, the Magistrate may try summarily any offence not punishable with death, life imprisonment or more than three years. No appeal lies against the decision to try summarily. If it later appears undesirable to try summarily, he recalls the witnesses and re-hears the case (s.283(3)).

• Second class Magistrates (s.284): the High Court may empower them to try summarily offences punishable only with fine or up to six months.
• Procedure (s.285): the summons-case procedure.
• Sentence cap (s.285(2)): no imprisonment exceeding three months.
• Record (s.286): particulars only: serial number, dates, complainant, accused, offence, plea, finding, sentence.
• Judgment (s.287): where the accused does not plead guilty, the substance of the evidence and a brief statement of reasons.
• Language (s.288).
• Appeal: none where only a fine up to two hundred rupees is imposed (s.417(d)).

6. Significance of summary trials

• Quick disposal of petty, high-volume cases, which reduces arrears and the time undertrials spend in custody.
• The cap of three months' imprisonment and the full right to be heard keep the procedure within Article 21.
• The BNSS widens the field: higher value limits, the mandatory “shall” in s.283(1), and the new discretion for offences up to three years.
• The risk is that brevity becomes carelessness; hence the duty to record reasons and the power to revert to regular trial.

How this is examined

For warrant trials, divide the answer into police-report cases (ss.261–266) and complaint cases (ss.267–270), then the common conclusion (ss.271–273), marking the sixty-day limits and s.269(7). A short note on summary trials should give s.283(1) and (2), the three-month cap, the brief record, and two or three lines on significance. A comparison question (warrant versus summons trial) turns on the formal charge, the stages of evidence, discharge and conversion.