CRPCSection 238-250Verified
Trial of Warrant Cases by Magistrates — Discharge; Charge; Evidence; Conviction
Complete warrant case trial for offences punishable above 2 years
Legal Commentary
Section 239: If after perusing the chargesheet the Magistrate considers the charge groundless, he shall discharge the accused. Section 240: If there is ground for presuming the accused has committed a triable offence, Magistrate shall frame charge in writing. Section 245: If upon all the evidence the Magistrate considers that no case against the accused has been made out which if unrebutted would warrant conviction, Magistrate shall record an order of acquittal.
Explanation
Sections 238-250 govern warrant case trials before Magistrates — for offences above 2 years. The procedure mirrors Sessions trial: review chargesheet; discharge if no case; frame formal charge; prosecution leads evidence; half-time acquittal if no case at close of prosecution; defence evidence; judgment. Key: Magistrate's sentencing power is limited by class — JMFC maximum 3 years; CJM maximum 7 years. Offences requiring more are committed to Sessions Court. Warrant cases require formal written charges — more formal than summons case procedure.
Related Topics
CrPC Section 238CrPC Section 245warrant case trial magistrate Indiadischarge warrant case IndiaCrPC 245 magistrate dischargewarrant case procedure IndiaBNSS Section 265 warrant caseSection 239 CrPC discharge
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Historical Context
Original Act
Code of Criminal Procedure
Category
CrPC