Warrant Case Flashcards
Chap in which warrant case is mentioned
Ch 19
… sec defines warrant case
2(x)
Punishment of imprisonment of … yrs is given in warrant case
more than 2 yrs
Offences acc to 199 (2) of Sessions cases are tried acc to the procedures of Warrant cases instituted other than police report- 238
False
237
Warrant cases intituted other than by Police report dealt in
244-250
Compliance with Sec 207 is related to which section
238/ Warrant cases instituted on Police report
FIR/ Police report copy should be given to accused as well
Who acc to Sec 207 should comply/ make sure that copy of FIR or police report is served to accused
Magistrate
S 209 is dealt in which session on what case
Sessions case
226 Opening of case in sessions case
Difference in discharging accued in
Cases instituted upon Police report
institurted upon other than Police report
Can be discharged aftyer considering Police report and doc send with it
Can discharge after Prosecution hearing and Evidence taking
207 is dealt in S
209 is dealt in
FIR copy served 238 (beginning itself)
226 Opening case
(225- who should start prosecution)
Discharge of accused acc to cases upon Police report is dealt in
229
after considering
1- Police report and doc
2- Hearing accused
3-Prosecution
sec referring handling of Police report to Mag is …
sec referring handling of FIR/ Police report copy to accused is
173
207
s 173 is referred in …
sec 207 is referred in …
Sec 209 is referred in …
239- Discharging: after referring Police report, Hearing accused and prosecution
238- Mag shld make sure copy of FIR/ police report is served to Accused
226- Opening of sessions case
2nd and 1st sessions of Sessions and Warrant cases
Sessions case- 2nd
warrant case- 1,2 nd sessions
If after considering Police report/ FIR , hearing prosecution and accused; there is prima facie offence then the accused is asked if he pleads guilty?
False
Only after framing charges
Framing of charges in Warrant cases
240
Evidence for prosecution as of Sessions case and
Warrant cases instituted upon police report are
231
242
Date for Prosecution evidence is dealt in ….
for sessions cases and in ..
for warrant cases upon police report
230 - Seperate sec for fiing date and prosecution application to issue process
242- on the ses for Prosecution evidence itsrelf
Magistrate could fix a date for Prosecution evidence under what all situations
Doesn’t pleaqd guilty
Mag didn’t convict him under 241-conviction on plea of guilty
Refuses to ple
Claims to be tried
.. sec has been amended to add a provision that; Mag must supply Statement of witness to accused in advance of
242 (1)- Prosecution evidence
Amendment related to S 242 (1) is related to …. and came in ..
MAg should in advance send a copy of statement of witness to accused
2009
What does S 242 deals with
Evidence for prosecution
(1) Fix date for prosecution evidence
Mag should send in advance a copy of witnhess’s statement to the accused - 2009 amendment
(2) Apply to issue process to attend/ produce
(3)Shall take all such evidence in support to prosecution
Cross examine, defer, recall
As per S 232 (3) Mag must permit cross examination/ defer/ recall by prosecution
False
His discretion
Section that deals with evidence for defence in
Sessions case
warrant case as upon Police report
233
243
In sessions case Prosecution evidence is followed by ACQUITTAL if possible which is then followed by Defence evidence; 231, 232, 233
But in warrant cases upon Police report; Prosecution evidence followed by Defence evidence as 2242, 243
True
Reference to 313…. is in ….. of … case
(1) (b)
evidence for defence 243 -1
As per 243 evidence for defence commence only after
Prosecution evidence
Submission of Prosecution ARGUMENT
Examination under 313-1-b by court to defence counsel
Grounds to refuse Defence application to issue any process in cases instituted upon police report is in 243-3?
False 243 -2
no 3
As per S 243-3 Defence can cross/ defer/ recall
false 243-2
S dealing with Evidence for prosecuition on cases upon other than a police report
244
244 is followed by Evidence for defence (immediately)
false
Could be discharged if grounds after considering prosecution evidence
If accused is discharged under 245 the reason shopuld be recorded
False
No need if groundless - 245-2
Accused is asked whether, on commencement of next hearing he would be cross examining any/ who- under
246-Framing of charge ( cases not upon police report)
246-4
246
1-5
1 frame charge
2 read out and explained
3- asked if he pleads guilty
4- of accused be crossing anmy 7 which witness
5- defence could RECALL
Provision for recalling any witness by defence is mentioned in … on warrant cases not upon police report
246-Framing charge
and not in Evidence for defence
247 evidence for defence only after completion of
Evidence for Prosecution has completed
248 deals with
Conclusion- not upon Police report
Conclusion of trial in warrant cases; section amnd sub sections
1-3
1- Acquittal
2 if not with 325/360- sentence is passed- No mention about max sentence
3- Previous conviction 211-7
Sec referring previous conviction is present both in sessions and warrant cases in resp sections .. and ..
236
248-3 (conclusion)
sessions case Judgment has reference of S 325?
false
360 only
Conclusion of warrant cases have reference of 360 only
false
325/ 360
Sections and reference sections
207
209
313-1-b
173
211-7
199-2
Warrant case; compliance to supply FIR copy to accused- 238
Sessions case- commitment of offences exclusively triable in session court- 226
warrant cases UPON police report-court could examine defence/ accused-243-1 upon entering on defence
Warrant case- FIR/ police report handed to Mag- 239- Discharge
both sess and warrant- 236, 248-conclusion
Sess- 237
In absence of accused and for speedy disposal accused’s attendance is not compulsory in
Summons cases
if complainant is absent in … cases what is done
WARRANT
if abscent+ offence compoundable and non cognisable + is before framing charge——He is DISCHARGED
Compoundable, cognisable offences if complainant is absent, accused is discharged
False
Non cognisable & compoundable
259 deals with Acquittal of accused if complainant is abnsent and offence- compoundable and non cognisable
False
Discharged not acquittal
before framing charge
Sec dealing with discharging accused in absence of compainant in warrant case
249
Compensation for accusation without reasonable cause
250 1-8
250
Compensation
1 if seems no ground- Discharged imediately; asked to show cause
2 asked to pay compensation not more than fine
3- if not payed- Simple imprisonm,ent of max 30 days
4 if imprisoned IPC 68, 69 applies
5 Amount any paid be taken into cons during subsequent suits related to thjis subject
6 Compensation if ordered by a 2nd class mag is MORE THAN 100; he could appeal
7 paying compensation could be maid only after lapsing of period for appeal/ after decision on appeal case is out
8 this prov is applicable BOTH on summons and warrant case
Accusation if found groundless accused may be aqcitted
Immediately DISCAHRGED
Immediate discharge of accused under unreasonable accusation in
250-1
….
Complainant is asked to pay compensation as in 250….
2
Ground for appeal against compensation is applicable as in …. under what conditions
250-6
Compensation amount >100 , given by 2nd class mag
What happens if complainant refused to pay compensation
250-3
Simple imprisonment ,30 days
If simple sentence granted for not paying compensation which all sections also apllied on complainant
250-4
68, 69 IPC
Compensation for groundless accusation is applicable on sessions cases and warrant cases as in 250-8
False
applicable on both SUMMONS & WARRANT cases
Max delay period in paying compensation is … and mentioned in
1 month or lapsing of appeal period/ decision on appeal out
250-7
In warrant cases if accused pleads guilty as of 241 its Mag’s discretion to convict him
false
accused must be convicted
different from sessions case- discretion 229
In … cases Statement of witness should be given to accused in advance as of S
Warrant cases
242- Evidence for prosecution
242-1- 2009 ammendment
