Chapter-19 - Magistrate Trial (S 238 to 250)

1. Warrant Trial – i. case institute upon police report

ii. case instituted otherwise
2. Summon Trial

3. Summary Trial

A. Trial in Warrant Case:- lays down the procedure for a warrant case:-

A) Cases must be instituted upon police report :-Sec.238 of the code lays down
the procedure of trial of warrant cases instituted upon police report and according
to it procedure of trial is as under :-

a) Compliance of Section 307 & 309 Copy of the police report and other
document to be provided to the accused on institution of any warrant case when the
accused appears or brought before a magistrate at commencement of the trial.

238. Compliance with section 207. 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 207.

b)    Discharge of accused on groundless charges: -

On receiving the police report & other documents and providing of the accused the
magistrate shall consider the each report.

He shall provide reasonable opportunity of hearing to accused and prosecution (it

is commonly called charge argument); the magistrate shall examine the accused if
necessary.

If the magistrate finds that the charge against the accused is groundless he shall
discharge the accused under sec.239.
He will also check the prima facie of the case. Case of State v/s Sitaram
Dayaram-1959.
c)    Framing of charge:-

If the magistrate is of the opinion that there is a ground for presuming that the
accused has committed an offence and is competent to try such offence which can
adequately punish the accused in his opinion. Then the charge shall be framed
against the accused in writing and trial will start. Case of [Link] v/s State
of Raj.-1971.

240-(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.

(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.

d)    Conviction of plea of guilty:-

if the accused pleads guilty the magistrate shall record the plea and may in his
discretion convict him.

e)    Evidence for prosecution: - 242.

If the accused refuses to plead guilty and claims to be tried, the magistrate shall fix
a date for the examination of the witnesses, u/s 242.

(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 241, the Magistrate shall fix
a date for the examination of witnesses.

(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.

f)     Evidence for defense:- u/s 243 

On completion of prosecution witnesses, defense witnesses produces by the

accused, the expenses on compelling the attendance of the witnesses shall be borne
by the accused.

(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.

(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. B.- Cases instituted
otherwise than on police report
B.   Cases instituted otherwise than upon police report: -

244. Evidence for prosecution.

(1) When, in any warrant- case instituted otherwise than on a police report, the
accused appears or is brought before a Magistrate, the Magistrate shall proceed to
hear the prosecution and take all such evidence as may be produced in support of
the prosecution.

(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.

245. When accused shall be discharged.

(1) If, upon taking all the evidence referred to in section 244, the Magistrate
considers, for reasons to be recorded, that no case against the accused has been
made out which, if unrebutted, would warrant his conviction, the Magistrate shall
discharge him.

(2) Nothing in this section shall be deemed to prevent a Magistrate from

discharging the accused at any previous stage of the case if, for

reasons to be recorded by such Magistrate, he considers the charge to be

groundless.

246. Procedure where accused is not discharged.

(1) If, when such evidence has been taken, or at any previous stage of the case, 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.

(2) The charge shall then be read and explained to the accused, and he shall be
asked whether he pleads guilty or has any defence to make.

(3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in
his discretion, convict him thereon.
(4) If the accused refuses to plead, or does not plead or claims to be tried or if the
accused is not convicted under sub- section (3), he shall 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, forthwith, whether he wishes to cross- examine
any, and, if so, which, of the witnesses for the prosecution whose evidence has
been taken.

(5) If he says he does so wish, the witnesses named by him shall be recalled and,
after cross- examination and re- examination (if any), they shall be discharged.

(6) The evidence of any remaining witnesses for the prosecution shall next be
taken, and after cross- examination and re- examination (if any), they shall also be
discharged.

247. Evidence for defense. The accused shall then be called upon to enter upon
his defense and produce his evidence; and the provisions of section 243 shall apply
to the case.

C.- Conclusion of trial

248. 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 325 or section 360, 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 sub- section (7) of section 211 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).

249. Absence of complainant. When the proceedings have been instituted upon
complaint, and on any day fixed for the hearing of the case, the complainant is
absent, and the offence may be lawfully compounded or is not a cognizable
offence, the Magistrate may, in his discretion, notwithstanding anything
hereinbefore contained, at any time before the charge has been framed, discharge
the accused.

250. Compensation for accusation without reasonable cause.

(1) If, in any case instituted upon complaint or upon information given to a police
officer or to a Magistrate, one or more persons is or are accused before a
Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the
case is heard discharges or acquits all or any of the accused, and is of opinion that
there was no reasonable ground for making the accusation against them or any of
them, the Magistrate may, by his order of discharge or acquittal, if the person upon
whose complaint or information the accusation was made is present, call upon him
forthwith to show cause why he should not pay compensation to such accused or to
each or any of such accused when there are more than one; or, if such person is not
present, direct the issue of a summons to him to appear and show cause as
aforesaid.

(2) The Magistrate shall record and consider any cause which such complainant or
informant may show, and if he is satisfied that there was no reasonable ground for
making the accusation, may, for reasons to be recorded make an order that
compensation to such amount, not exceeding the amount of fine he is empowered
to impose, as he may determine, be

paid by such complainant or informant to the accused or to each or any of them.

(3) The Magistrate may, by the order directing payment of the compensation under
sub- section (2), further order that, in default of payment, the person ordered to pay
such compensation shall undergo simple imprisonment for a period not exceeding
thirty days.
(4) When any person is imprisoned under sub- section (3), the provisions of
sections 68 and 69 of the Indian Penal Code (45 of 1860 ). shall, so far as may be,
apply.

(5) No person who has been directed to pay compensation under this section shall,
by reason of such order, be exempted from any civil or criminal liability in respect
of the complaint made or information given by him: Provided that any amount paid
to an accused person under this section shall be taken into account in awarding
compensation to such person in any subsequent civil suit relating to the same
matter.

(6) A complainant or informant who has been ordered under sub- section (2) by a
Magistrate of the second class to pay compensation exceeding one hundred rupees,
may appeal from the order, as if such complainant or informant had been convicted
on a trial held by such Magistrate.

(7) When an order for payment of compensation to an accused person is made in a

case which is subject to appeal under sub- section (6), the compensation shall not
be paid to him before the period allowed for the presentation of the appeal has
elapsed, or, if an appeal is presented, before the appeal has been decided; and
where such order is made in a case which is not so subject to appeal the
compensation shall not be paid before the expiration of one month from the date of
the order.

(8) The provisions of this section apply to summons- cases as well as to warrant-
cases.