Imp - Trial of Warrant Cases by Magistrates Under Indian Contract Act, 1872

8/8/24, 8:43 PM Trial of Warrant Cases by Magistrates Under Indian Contract Act, 1872
Trial of Warrant Cases by Magistrates Under Code of

Criminal Procedure, 1973
December 24, 2019 32018 0
Image source - https://bit.ly/34TYiFY
This article is authored by Miran Ahmed who is a student of BBA.LLB(H) at Amity Law
School, Kolkata.
Table of Contents
Introduction
Scope
Cases instituted on a police report
Initial steps in the trial
Supply of copies to the accused
Discharge of accused if allegations against him are baseless
Framing of charge
Explaining the charge to the accused
Conviction on a guilty plea
Evidence for prosecution
Steps in evidence presentation of prosecution
Fixing date for the examination of witnesses
Examination of witnesses
Presentation of evidence
Record of the evidence
Evidence for the defence
Written statement of accused
Examination of witnesses for the defence
Steps in evidence presentation of defence
Court witness
Arguments submitted on behalf of defence
Judgement
Cases instituted otherwise than on a police report
The preliminary hearing of the prosecution case
Discharge of accused
Framing of charge
Choice of the accused to recall prosecution witnesses
Steps in evidence presentation of prosecution.
Summoning witnesses
Absence of complainant
Record of evidence
Evidence for defence
Conclusion of the trial
Judgement and connected matters
Judgement of acquittal or conviction
Procedure in case of previous conviction
Compensation for accusation without a reasonable cause
Conclusion
References
Introduction
Criminal cases can be divided into two types: Summons Case and Warrant Case. A
summons case relates to an offence not being in a warrant case. Warrant cases are those
that include offences punishable with death penalty, imprisonment for life or imprisonment
exceeding more than two years. The criteria that differ a summons case from a warrant
case is determined by the duration of punishment in any offence. The case of Public
Prosecutor V. Hindustan Motors, Andhra Pradesh,1970, is a summons case as the convicted
https://blog.ipleaders.in/trial-of-warrant-cases-by-magistrates/ 1/11
is sentenced to pay a fine of Rs. 50. The issue of summons or warrant, in any case, does
not change the nature of the case, for instance, a warrant issued in a summons case does
not make it a warrant case as observed in the case of Padam Nath V. Ahmad Dobi, 1969. A
trial in a warrant case begins by either filing a First Information Report or FIR in a Police
Station or filing it directly before the Magistrate.
Section 238 to 250 of the Criminal Procedure Code, 1973 (CrPC) deals with the trial of
warrant cases by magistrates. Trial of warrant cases are of two types:
1. By a police report- Section 173 of CrPC mentions a police report as a report forwarded
by a police officer to the Magistrate. In this case, the accused appears or is brought
before a magistrate at the commencement of trial. Section 173(2)(i) mentions that as
soon as the police investigation is completed, the police station must forward it to the
Magistrate empowered to take cognizance of the offence.
2. By other than a police report- The complaint is filed directly with the Magistrate in this
case.
The procedure of trial in warrant cases by magistrates in the following way:
1. Compliance with Section 207;
2. When accused shall be discharged;
3. Framing of charge;
4. Conviction on a plea of guilty;
5. Evidence for Prosecution;
6. Evidence for Defence Side;
7. Evidence for Prosecution;
8. When accused shall be discharged;
9. Again Evidence for Defence;
10. Acquittal or conviction;
11. Absence of Complaint;
12. Compensation for accusation without a reasonable cause.
Scope
The Magistrates’ Court forms the bedrock of the legal system in India and the process of
trial of warrant cases conducted by magistrates. This is explained in the Criminal Procedure
Code, 1973, which classifies warrant cases as those that involve offences punishable with
death penalty, imprisonment for life and imprisonment exceeding more than two years.
Warrant case proceedings can begin by filing an FIR in the police station. In this case, the
police conduct an investigation and forward the report to the Magistrate. The Magistrate
then furthers the proceedings under the procedure established by law and the offender is
brought before the Magistrate or appears voluntarily. Or the complaint can be filed directly
with the Magistrate to initiate the proceedings against an offender.
Cases instituted on a police report

This type of case is filed as an FIR in the police station and is the first step in the process of
warrant cases instituted on a police report. The case is then forwarded to the Magistrate.
When any case is instituted on a police report, and the accused is brought or appears
voluntarily before the Magistrate, the Magistrate shall satisfy himself for complying with the
provisions of Section 207. And Section 238 to 243 of CrPC lays down the procedure of trial
of warrant cases instituted on a police report and the steps are mentioned below.

The initial steps involve the filing of an FIR. Once the FIR is filed in the police station, an
investigation is conducted to discover the facts and relevant details of the case. Once the
investigation is completed, a charge-sheet is filed and the documents are forwarded by the
police station to the Magistrate. The steps in warrant cases instituted on police report are:
1. Supply of copy of police report to accused in compliance with Section 207. (Section 238)
2. Discharge of accused on baseless charges. (Section 239)
3. Framing of charges. (Section 240)
4. Conviction on a guilty plea. (Section 241)
5. Evidence for the prosecution. (Section 242)
6. Evidence for defence. (Section 243)
Supply of copies to the accused
A copy of the police report and other documents relevant to the case should be supplied to
any person or persons who appears or is brought before a magistrate at the
commencement of the trial. And the Magistrate shall satisfy himself in complying with the
provisions of Section 207. This is to ensure that the accused are aware of the charges
against him and can prepare for defence under fair trial by law.
Discharge of accused if allegations against him are baseless

Once the Magistrate receives the police report and other relevant documents and provides
them to the accused, the Magistrate shall consider each report. A hearing shall be
convened and a reasonable opportunity shall be provided for both the accused prosecution
to present their case. The Magistrate examines the accused if necessary. If the charge
against the accused is discovered to be baseless and lacking in substance, the accused
shall be discharged under Section 239. The prima facie of the case is also considered.
In the case of State vs Sitaram Dayaram Kachhi, 1957, the accused, Sitaram was acquitted
under Section 239.
In the case of State of Himachal Pradesh V. Krishan Lal Pradhan, 1987, the Supreme Court
held that there was sufficient relevant material on record and the prima facie of the case
was established by one judge. But the succeeding judge came to the decision on the same
materials that no charge could be established and therefore, an order of discharge was
passed. But it was held by the Supreme Court that no succeeding judge can pass an order
of discharge.
Framing of charge
Section 240 of CrPC authorises the Magistrate to consider the police report and even to
examine the accused if he feels the need to. If the Magistrate feels the presence of valid
grounds to presume that the accused has committed the offence and is capable of
committing such an offence, and he is competent to try the offence to adequately punish
the accused in his opinion. Then the written charge is framed against the accused and the
trial is conducted after the charge is read and explained to the accused. Framing of the
charge is a duty of the court and the matter must be considered judiciously.
In the case of Lt. Col. S.K. Kashyap V. The State Of Rajasthan, 1971, the accused files an
appeal challenging the authority of the special judge appointed to hear the case. The
appeal is failed and dismissed and the case proceedings are continued.

Clause 2 of Section 240 describes that the charge against the accused shall be read and
explained to the accused. Once the accused understands the charges against him, he shall
be asked whether he pleads guilty of the offence or wishes to challenge the charge by a fair
trial under the law.

The accused can plead guilty to cut short the procedure of law and reduce the punishment
for his offence. The Magistrate records the guilty plea and convicts the accused on his
discretion. (Section 241)

Section 242 of CrPC defines the procedure with regards to the gathering of evidence
against the offender and recording the evidence after examination and cross-examination
to acquit or convict an accused individual. In a criminal trial, the case of the state is
presented first. The burden of proving the accused guilty is on the prosecution and the
evidence must be beyond a reasonable doubt. The prosecution can summon witnesses and
present other evidence in order to prove the offence and link it to the offender. This process
of proving an accused individual guilty by examining witnesses is called examination in
chief. The Magistrate has the power to summon any person as a witness and order him to
produce any document. State vs Suwa, 1961 is a case where the orders of the Magistrate
to acquit the accused were set aside and a retrial was ordered by sending the case to a
District-Magistrate who sent them for a trial to a Magistrate other than the one that tried
the case originally.
Steps in evidence presentation of prosecution
Fixing date for the examination of witnesses

Section 242(1) declares that once the charge is framed and read to the accused and he
does not plead guilty and wishes to proceed with the trial, the Magistrate shall fix a date for
the examination of witnesses.
According to Section 242(2), the Magistrate, on the application of the prosecution, has the
authority to issue summons to any witnesses and direct them to attend or produce any
document or thing relevant to the case. The cross-examination by the defence is allowed
by the Magistrate before some other witness has been examined. This is done to ensure
that no perjury is committed and the prosecuting witness does not vilify the accused and
gets him convicted on false information. And that the relevant information can be refuted
by the defence or further explained in a defensive manner.
Presentation of evidence
The testimonies of witnesses once they are cross-examined by the defence are considered
evidence. And other documents or relevant things are brought to the Magistrate to link the
accused to the offence. The defence is informed of the evidence presented and may
challenge the evidence as may be deemed necessary.

Section 242(3) declares that on the date fixed, the Magistrate shall proceed to take all
pieces of evidence produced in support of the prosecution and record them based on their
relevance to the case. The testimonies of witnesses and any evidence provided to prove the
accused had committed the offence by the prosecution is recorded by the Magistrate. 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 by the defence.
Evidence for the defence

Section 243 of CrPC describes the procedure with regards to collecting and presenting
evidence in the defence of the accused. After the prosecution is finished with the
examination of the witness, the accused may enter his defence in a written statement and
the Magistrate shall file it with the record. Or defence can be produced orally. After the
accused has entered his defence, an application may be put to the Magistrate to perform
cross-examination of any witness presented by the prosecution. The Magistrate may then
summon any witness under Sub-section 2 to be cross-examined by the defence. The
prosecution must establish the case beyond a reasonable doubt and if the defence can
prove a reasonable doubt then the evidence submitted by the prosecution is not valid and
cannot be recorded in court against the accused.
Written statement of accused
Section 243(1) declares that the accused shall be called upon to enter his defence and
produce relevant evidence. Any written statement presented by the defence shall be
recorded by the Magistrate and filed. Under Section 313(1), the accused shall have the
opportunity to be heard and explain any circumstances appearing against him or other
facts and circumstances of the case that are relevant. This may be done by a written
statement or orally.
Examination of witnesses for the defence

Section 243(2) describes the process of examination of witnesses for defence of the
accused. An application can be made by the defence to the Magistrate to compel the
attendance of a witness for the purpose of examination or cross-examination, or for the
production of any relevant documents or other things. The Magistrate shall issue such
directions unless he feels the application has been put for the purpose of delay or vexation
or defeats the ends of justice and refuse the application on those grounds. The grounds of
refusal of the application by defence shall be recorded by the Magistrate in writing.
However, if the accused has had an opportunity to cross-examine a witness presented by
the prosecution, or has already cross-examined a witness, then the attendance of such
witness shall not be compelled under this section; unless the Magistrate feels such
attendance is necessary for justice. Sub-section 3 mentions that the reasonable expenses
incurred by the witness in attending the Court for the purpose of the trial must be
deposited in Court.

CrPC declares that any evidence or witness testimonies shall be filed by the Magistrate with
the record. The evidence submitted can be in the form of a written statement or orally
submission which the Court shall record. The evidence submitted is recorded to prevent
tampering by an interested party to further their agenda and prevent justice from being
served to the accused. Any written statement submitted by the accused is also filed with
the record by the Magistrate.
Steps in evidence presentation of defence
Court witness
The defence shall have an opportunity to present witnesses to defend the accused. This
may include an alibi or individuals that can point out that the accused was present
elsewhere from where the offence was committed. The witnesses presented by the defence
can be cross-examined by the prosecution and their testimonies challenged. The purpose of
defence witness is to create a reasonable doubt to point out that the accused may not have
been the exact individual that committed the offence. However, the prosecution can
challenge the testimony of said witnesses and isolate the accused to prove beyond a
reasonable doubt that the offence was committed by him.
Arguments submitted on behalf of defence
After the closing of evidence, the defence may produce an oral argument and submit a
memorandum to the Court. A copy of this memorandum should be supplied to the
prosecution. The court possesses the power to interfere if the oral arguments are not to the
point and irrelevant to the case and made to waste the time of the court and delay the
delivery of justice. The memorandum of argument must be submitted before the closing of
oral delivery. Section 313(3) is a rule against self-incrimination and declares that the
accused shall not render himself liable to punishment if he refuses to answer any question
when examined by the prosecution, or gives false answers.
Judgement
The Magistrate holds the authority to judge the evidence provided by the defence and its
relevance. If any evidence or testimony is in his opinion irrelevant or lacks substance, it
may be thrown out and not filed with the record and shall no longer be considered in the
case. The relevance of the evidence and testimony can be challenged by the opposing party
but only the Magistrate has the authority to decide whether it shall be filed with the record
or thrown out of the case.
Cases instituted otherwise than on a police report

A warrant case instituted otherwise than on a police report begins when a complaint is filed
directly with a magistrate. The accused is brought or appears before a magistrate. The
Magistrate begins the proceedings of the case by initiating the hearing process and files all
the evidence received with the record. Sections 244, 245, 246 and 247 of CrPC sets the
procedure of a warrant case instituted otherwise than on a police report and brought
directly to a magistrate by filing a complaint.
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The initial steps involve filing a complaint with a magistrate. Once the complaint is filed in
the Magistrate, the accused is brought before the Magistrate or appears voluntarily. A
hearing is conducted to determine the facts of the case. The prosecution begins the steps
to prove that the accused has committed the offence beyond a reasonable doubt. And the
defence can take the necessary steps to challenge the accusations and prove that the
accused did not commit the offence. The steps in warrant cases instituted otherwise than
on a police report are:
1. The preliminary hearing of the prosecution’s case.
2. Discharge of accused if the accusation is baseless. (Section 245)
3. Framing of charge. (Section 246)
4. Explaining charge to the accused. (Section 246(2))
5. Conviction on a guilty plea. (Section 246(3))
6. Choice of the accused to recall prosecution’s witness. (Section 246(5))
7. Evidence for Prosecution. (Section 244)
8. Evidence for Defence. (Section 247)
The preliminary hearing of the prosecution case
This is the first step in the proceedings of the case after the accused is brought or appears
before a magistrate. The Magistrate considers the accusations and determines if the
accusations have any base and a case can be made out against the accused. If the
Magistrate determines that no case has been made out as the accusations lack substance
and are groundless than the case will be dismissed and the accused shall be discharged.
Discharge of accused
Section 245 of CrPC states that the accused shall be discharged by the Magistrate if no
case has been made out against him by the prosecution, which if unchallenged would
warrant his conviction. And nothing can prevent the Magistrate from discharging the
accused at any previous stage if the accusations presented by the prosecution is considered
baseless by the Magistrate.
Framing of charge
Once all the evidence is presented to the Magistrate by the prosecution and after the
examination of said evidence is conducted by him, the Magistrate is of the opinion that
there is a reasonable ground for the accusations mentioned in the complaint and the
accused is capable of committing the offence; a charge is framed and a fair trial is
conducted. The accused is given an opportunity to defend himself. In the case of Ratilal
Bhanji Mithani vs The State Of Maharashtra, 1978, it was determined that there were
reasonable grounds to believe the accused had committed the offence, and the Magistrate
began the trial proceedings by rejecting the dismissal of the case under Section 246(1).

Section 246(2) states that the charge against the accused should be read and explained to
him, and he shall be asked whether he wishes to plead guilty to the charges or contest the
said charges by proceeding with a trial.
Section 246(3) gives the accused an opportunity to plead guilty and present himself in
mercy of the court. The Magistrate has the authority to record the guilty plea, convict and
punish the accused as he sees fit. If the accused does not plead guilty, a subsequent
hearing shall be held and the accused will be granted a fair trial. The Magistrate may state
in writing, the reasons he thinks fit for recalling any witnesses for a cross-examination and
if so, which witnesses of the prosecution, whose evidence has been recorded. The same
reasons are recorded and prosecution’s witnesses are recalled for cross-examination by the
Magistrate.
Choice of the accused to recall prosecution witnesses
Sub-section (5) and (6) under Section 246 empowers the accused to recall any witness
named by the accused and perform a cross-examination or re-examination, after which
they are discharged. The evidence of remaining witnesses provided by the prosecution is
taken and they shall be discharged after cross-examination and re-examination as seen
necessary. The application of this can be observed in the case of Varisai Rowther And Anr.
V. Unknown, 1922.

Section 244 states that in warrant cases instituted otherwise than a police report and filed
directly with the Magistrate, the accused is presented before the Magistrate who begins the
hearing process by summoning the witnesses named by the prosecution and taking all the
pieces of evidence produced as such. All evidence must be taken into consideration as
under Section 138 of the Indian Evidence Act and filed with the record by the Magistrate.
Steps in evidence presentation of prosecution.

The accused cannot be charged by the Magistrate until the prosecution names witnesses or
presents evidence in relation to the case. All the important evidence is collected after the
witnesses are examined and the Magistrate determines if there is enough substance to
frame a charge against the accused. The case cannot proceed further until the prosecution
names witnesses and evidence is collected, examined and recorded as can be seen
in Gopala Krishnan V. State Of Kerala. The magistrate is not obligated to file summons for
the presence of a witness, but it is the responsibility of the prosecuting party to file an
application with the Magistrate to request the summons of witnesses who shall present
themselves before the court on a specified date and time as seen in Parveen Dalpatrai
Desai V. Gangavishindas Rijharam Bajaj.
Summoning witnesses
The application is made to the Magistrate by the prosecution to summon any witnesses and
the Magistrate issues the order to summon any witnesses or produce any document or
thing in relation to the case as seen in Jethalal V. Khimji.
In the case of P.N. Bhattacharjee V. Shri Kamal Bhattacharjee, 1994, the Gauhati High
Court observed that the complainant was making extra efforts to order a summons to the
witnesses and it was the duty of the Magistrate to order a summon to all witnesses before
giving the order of dismissal just because the witnesses do not turn up.
The Magistrate can also deny to examine witnesses whose names were not mentioned
under the list provided by the prosecution initially by rejecting the application. However, a
second application can be made to summon more witnesses other than the ones mentioned
in the list and the Court is bound to issue summons to them as seen in Jamuna Rani vs S.
Krishna Kumar, 1992.
Absence of complainant
Section 249 states that when the proceedings have been instituted upon complaint directly
with the Magistrate, and the complainant is absent on the date and time of the proceedings
set by the Magistrate; and the offence may be compoundable and non-cognizable, the
Magistrate may at any time before the charges are framed against the accused, discharge
him. It is the discretion of the Magistrate to discharge the accused or proceed with the
case. But such a discharge is not considered judgement as observed in the case of Banta
Singh V. Gurbux Singh, 1966. The accused cannot be discharged after the charges against
him are framed despite the default of appearance by the complainant.
In course of trial, if the complainant dies, the Magistrate need not discharge the accused
but rather continue the trial.
The Magistrates examines the witnesses after summoning them to the Court. The law
provides the accused to re-examine or cross-examine any witnesses produced by the
prosecution after the charges against him are framed. However, this is not the same as an
opportunity given for examination before the charges are framed. The witnesses are
examined and the Magistrate collects testimonies and pieces of evidence and files them
with the record based on their relevance to the case. The Magistrate may throw aside any
baseless or irrelevant testimonies and pieces of evidence as he sees fit and orders the re-
examination of any witness as seen necessary for the service of justice.
Record of evidence
All evidence brought before the court that holds relevance to the case and can link the
accused to the offence committed beyond a reasonable doubt or any evidence which can
get him acquitted is filed with the record by the Magistrate. Recorded evidence is secured
away from parties that may be interested in tampering with them to gain the upper hand
and prevent the application of justice.
Evidence for defence

The defence has the opportunity to present his side of the case and defend himself against
the accusations of the prosecution, as mentioned under Section 247. A written statement
may be put forwarded and the Magistrate shall record it. The accused can issue an
application requesting the Magistrate to summon witnesses or the production of any
document or thing with relevance to the case. And the Magistrate must issue such
summons unless he feels they are baseless, irrelevant and done for the purpose of vexation
and delay of the delivery of justice. The reasons for rejection of application must be
recorded in writing by the Magistrate. Any witness that has already been cross-examined
by the accused or had the opportunity to be cross-examined by the accused cannot be
summoned again unless the Magistrate deems it necessary for the delivery of justice.
Conclusion of the trial

The trial can only end in either a conviction or acquittal of the accused. The decision of the
Court with regards to the conviction or acquittal of an accused is known as judgement. If
the accused is acquitted of the offence, the prosecution is given time and an opportunity to
appeal the Court against the order of acquittal. If the accused is convicted after observing
the evidence and judged to be guilty of committing the offence, both sides are given an
opportunity to give arguments on punishment to be served. This can be often observed in
conviction cases of life imprisonment or death penalty.
Judgement and connected matters
Judgement of acquittal or conviction

Section 248 states that once the decision is made after the Magistrate examines the
evidence, the judgement is delivered. If the accused is not found guilty, an order of
acquittal shall be recorded by the Magistrate under as stated under Section 248(1). If the
accused is found guilty, the Magistrate after hearing the accused shall pass the sentence if
he does not proceed in accordance with the provisions of Section 325 or Section 360. And
this order of conviction shall be recorded as under Section 248(2).
Procedure in case of previous conviction
In a case where there is a previous conviction under the provisions of Section 211(7), and
the accused does not admit that he has been convicted previously as alleged in the charge;
the Magistrate may, after the conviction of accused shall collect evidence with respect to
the alleged previous conviction and record that finding. However, no charge shall be read
by the Magistrate, the accused shall not be asked to plead and the previous conviction shall
not be referred to by the prosecution or adduced by it unless the accused has been
convicted under Section 248(2).
Compensation for accusation without a reasonable

cause
Section 250 discusses the procedure related to cases where a case is instituted on
complaint to a magistrate or police officer and the Magistrate finds that there is no ground
against the accused person. The accused shall be discharged immediately. The complainant
shall be summoned to justify his complaint and explain why he should not pay
compensation to the person against whom the complaint was made. The Magistrate shall
then order to pay a particular amount of compensation not exceeding the amount of fine to
the accused if he is satisfied that the reasons for filing the complaint are baseless and lacks
ground.
If there is more than one accused person, the Magistrate shall order the complainant to pay
compensation to all the accused. This can be observed in the case of Valli Mitha V.
Unknown, 1919.
In the case of Abdur Rahim V. Syed Abu Mahomed Barkat Ali Shah, 1927, it was declared
by the Court that the amount of compensation will only be paid to the accused and not his
relatives or any other person.
Failure in payment of compensation amount by the complainant will result in simple

imprisonment not exceeding 30 days. If the person is already in imprisonment then Section
68 and 69 of the Indian Penal Code will be applied. And a person who has been directed to
pay compensation amount will be exempted from any criminal or civil liability in respect of
the complaint.
Section 250(6) states that a complainant or informant ordered by a Magistrate of second

class to pay compensation exceeding one hundred rupees under Sub-section (2) can be
appealed as seen in the case of A.M. Pereira vs D.P. Demello, 1924.
The compensation amount shall not be paid before the period of appeal lapses or after the
decision of the appeal is given by the Court. And in cases where there is no relation to
appeal, the amount will be paid after one month from the date the order was passed.
Conclusion
The Court decides if there is ground against the accusations of the complainant and the
proceedings are initiated under the Magistrate’s discretion. Furthermore, we discussed that
the evidence and witnesses presented by both the prosecution and defence are essential in
determining the facts of the case and declare judgement. The judgement is taken by the
Magistrate after both sides have presented their arguments. And if the accused is acquitted
of the charges, the case is dismissed but the prosecution can file an appeal to challenge the
decision of the court. But if the accused is convicted, both sides are allowed to present
their arguments as to the extent of punishment which shall be inflicted on the convict. But
the final decision as to the punishment lies with the Magistrate.
References
1. https://blog.ipleaders.in/difference-between-session-trial-and-warrant-trial/
2. https://blog.ipleaders.in/all-about-the-various-stages-of-criminal-trial-in-india/
3. https://www.lawnotes4u.in/2018/12/stage-of-criminal-trial-in-warrant-case.html
4. https://indiankanoon.org/doc/445276/
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8/8/24, 8:43 PM Trial of Warrant Cases by Magistrates Under Indian Contract Act, 1872

Trial of Warrant Cases by Magistrates Under Code of

Image source - https://bit.ly/34TYiFY

The procedure of trial in warrant cases by magistrates in the following way:

1. Compliance with Section 207;

2. When accused shall be discharged;

4. Conviction on a plea of guilty;

5. Evidence for Prosecution;

6. Evidence for Defence Side;

7. Evidence for Prosecution;

8. When accused shall be discharged;

9. Again Evidence for Defence;

10. Acquittal or conviction;

11. Absence of Complaint;

12. Compensation for accusation without a reasonable cause.

Cases instituted on a police report

Initial steps in the trial

2. Discharge of accused on baseless charges. (Section 239)

3. Framing of charges. (Section 240)

4. Conviction on a guilty plea. (Section 241)

5. Evidence for the prosecution. (Section 242)

6. Evidence for defence. (Section 243)

Supply of copies to the accused

Discharge of accused if allegations against him are baseless

Explaining the charge to the accused

Conviction on a guilty plea

Evidence for prosecution

Steps in evidence presentation of prosecution

Fixing date for the examination of witnesses

Record of the evidence

Evidence for the defence

Written statement of accused

Examination of witnesses for the defence

Record of the evidence

Steps in evidence presentation of defence

Arguments submitted on behalf of defence

Cases instituted otherwise than on a police report

Initial steps in the trial

1. The preliminary hearing of the prosecution’s case.

2. Discharge of accused if the accusation is baseless. (Section 245)

3. Framing of charge. (Section 246)

4. Explaining charge to the accused. (Section 246(2))

5. Conviction on a guilty plea. (Section 246(3))

6. Choice of the accused to recall prosecution’s witness. (Section 246(5))

7. Evidence for Prosecution. (Section 244)

8. Evidence for Defence. (Section 247)

The preliminary hearing of the prosecution case

Explaining the charge to the accused

Conviction on a guilty plea

Choice of the accused to recall prosecution witnesses

Evidence for prosecution

Steps in evidence presentation of prosecution.

Evidence for defence

Conclusion of the trial

Judgement and connected matters

Judgement of acquittal or conviction

Procedure in case of previous conviction

Compensation for accusation without a reasonable

Failure in payment of compensation amount by the complainant will result in simple