23 May 2012
Sirs, Sec.118 of Kerala Police Act has punishment of imprisonment upto three years or with fine not exceeding Rs 10000/- or with both. Since majority of such cases is pleaded guilty and only fine imposed can this be taken into file as ST cases and tried summarily? Or is it required to be tried as a Warrant Case with charge framed? Krishna
23 May 2012
Dear Krishana Warrant case Cr P C prescribes only one procedure for all summons cases, whether instituted upon a police report or otherwise. Cr PC prescribes two procedures for the trial of a warrant case my magistrate - one for case instituted upon a police report and one for case instituted otherwise than on a police report. No charge needs to be framed only the particulars of the offence needs to be conveyed to the accused. A charge needs to be framed against the accused. As per S. 252, if the accused pleads guilty, the magistrate must record the plea of the accused and may, in his discretion, convict him on such plea. As per S. 241, After the charge is framed, the accused may plead guilty and the magistrate may convict him on his discretion. Accused my plead guilty by post without appearing before the magistrate. Accused must appear personally. The accused may be acquitted, if the complainant is absent or if the complainant dies. Magistrate can discharge the accused if complainant is absent, or no charge is framed, or if the offence is compoundable and non cognizable. The complainant may, with the permission of the court, withdraw the complaint against the accused. The complainant may, with the permission of the court, withdraw the remaining charges against an accused, if he is charged with several offences and convicted on one or more of them. When a warrant case is tried as a summons case and if the accused is acquitted under S. 255, the acquittal will only amount to discharge. When a summons case is tried as a warrant case and if the accused is discharged under S 245, the discharge will amount to acquittal. Trial of a warrant case as a summons case it is a serious irregularity and the trial is vitiated if the accused has been prejudiced. Trial of a summons case as a warrant case is an irregularity which is curable under Section 465. A summons case cannot have charges that require a warrant case. A warrant case may contain charges that reflect a summons case. Accused gets only one opportunity. Accused may get more than one opportunity to cross-examine the prosecution witness. A charge under a warrant case cannot be split up into its constituents for trial under summons case. No such power to the magistrate in summons case. After convicting the accused, the magistrate may take evidence regarding previous conviction not admitted by the accused. All cases which are not punishable by death, imprisonment for life, or for more than two years are summons cases. All cases which are punishable by death, imprisonment for life, or for more than two years are warrant cases. Conversion As per Section 259, a summons case can be converted into a warrant case if the case relates to an offence that entails more than 6 months of imprisonment as punishment and the judge feels that in the interest of justice it the case should be tried as a warrant case. A warrant case cannot be converted into a summons case.