Importance of trial

A trial is the most important stage of a case . This stage helps judge in making decision in a
case. Conducting case trials in court helps in deciding who is guilty and who is innocent at
the end of trial. During a trial , facts of case are heard thereafter , witnesses are examined
and then cross-examined. also , scrutinizing of evidence is done . Then, opportunity is given
to both sides to argue and refute . After considering the arguments of both sides , the court
comes to the decision as to one who is found to be guilty and one who is innocent. The trial
of a case is done for administering justice in a fair , just and in an impartial manner. It assists
judge in making right decision and at the same time , innocent person is saved while the
guilty is given the appropriate sentence.
A trial is a process in which two parties are in dispute (the defendant and the accused), and
it is determined by a judge or a jury whether the accused person is guilty or not. A trial
happens when it is pleaded by the accused person, that he is not guilty. Under the Indian
law, the Criminal Procedure Code (CrPC) states that there are four types of criminal trials,
namely session, warrant, summons and summary trials. Being under a common head of
‘criminal trial’ we tend to forget that these are four distinct types of trials with different and
dynamic processes involved in each. In the following article, the concept of summon trial
and warrant trial is discussed, particularly dealing with the distinction between summon and
warrant trial.
 Difference between warrant and summon trial
Warrant
A warrant is an order issued to a certain person that orders him to apprehend the accused
and to bring him to justice. It is being executed on valid grounds only by a Magistrate. The
warrant must bear the court seal, and a court presiding officer must sign the written
warrant. A warrant remains valid until it is cancelled by the same court, whose seal it bears.
The court has a right to state in a warrant that a person can pay a certain amount of security
as assurance of producing himself before the court and thereby, avoid his arrest. If
necessary, the immediate execution can be done by a person who is not a police officer. A
Magistrate can execute a warrant on any person entering his territory and the person to
whom the warrant is issued, can be anybody within his local jurisdiction. An arrested person
should be notified about the cause of his arrest, and if the need be, the warrant can be
shown to him.
Warrant can be authorised to a police officer outside the jurisdiction of the Judicial
Magistrate, but this must be approved by the Executive Magistrate or by a police officer
who is in charge of the police station.

Provision dealing with warrant

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.
239.When accused shall be discharged.-
If, upon considering the police report and the documents sent with it under section 173 and
making such examination, if any, of the accused as the Magistrate thinks necessary and after
giving the prosecution and the accused an opportunity of being heard, the Magistrate
considers the charge against the accused to be groundless, he shall discharge the accused,
and record his reasons for so doing.
240.Framing of charge.-
(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.
241.Conviction on plea of guilty.-
If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion,
convict him thereon.
242.Evidence for prosecution.-
(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.
243.Evidence for defense.-
(1) The accused shall then be called upon to enter upon his defense 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 defense, 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 defense, 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 incurred by the witness in attending for the purposes of the
trial be deposited in Court.
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 defense 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.
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 no shall the accused be
asked to plead thereto no 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 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:
Providedthat 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.
Summons
A summon is a form issued by a Court, calling on a person to appear before the Magistrate
to produce it. Section 61 of the Cr. PC specifies that summons given by a Judge, a duplicate
second copy, signed by the President of the Judge and should also bear the court’s seal.
Summons that do not have those elements are considered invalid, and the person to whom
they are issued or addressed may refuse to accept them. The Court’s description, the place,
date and time at which the summoned person must be present, should be clear.
Provision related to summon
251.Substance of accusation to be stated.-
When in a summons-case the accused appears or is brought before the Magistrate, the
particulars of the offence of which he is accused shall be stated to him, and he shall be
asked whether he pleads guilty or has any defense to make, but it shall not be necessary to
frame a formal charge.

252.Conviction on plea of guilty.-

If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the
words used by the accused and may, in his discretion, convict him thereon.

253.Conviction on plea of guilty in absence of accused in petty cases.-

(1) Where a summons has been issued under section 206 and the accused desires to plead
guilty to the charge without appearing before the Magistrate, he shall transmit to the
Magistrate, by post or by messenger, a letter containing his plea and also the amount of fine
specified in the summons.
(2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of
guilty and sentence him to pay the fine specified in the summons, and the amount
transmitted by the accused shall be adjusted towards that fine, or where a pleader
authorized by the accused in this behalf pleads guilty on behalf of the accused, the
Magistrate shall record the plea as nearly as possible in the words used by the pleader and
may, in his discretion, convict the accused on such plea and sentence him as aforesaid.

254.Procedure when not convicted.-

(1) If the Magistrate does not convict the accused under section 252 or section 253, the
Magistrate shall proceed to hear the prosecution and take all such evidence as may be
produced in support of the prosecution, and also to hear the accused and take all such
evidence as he produces in his defense.
(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused,
issue a summons to any witness directing him to attend or to produce any document or
other thing.
(3) The Magistrate may, before summoning any witness on such application, require that
the reasonable expenses of the witness incurred in attending for the purposes of the trial be
deposited in Court.
255.Acquittal or conviction.-
(1) If the Magistrate, upon taking the evidence referred to in section 254 and such further
evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not
guilty, he shall record an order of acquittal.
(2) Where the Magistrate does not proceed in accordance with the provisions of section 325
or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to
law.
(3) A Magistrate may, under section 252 or section 255, convict the accused of any offence
triable under this Chapter, which from the facts admitted or proved he appears to have
committed, whatever may be the nature of the complaint or summons, if the Magistrate is
satisfied that the accused would not be prejudiced thereby.
256.Non-appearance or death of complainant.-
(1) If the summons has been issued on complaint, and on the day appointed for the
appearance of the accused, or any day subsequent thereto to which the hearing may be
adjourned, the complainant does not appear, the Magistrate shall, notwithstanding
anything hereinbefore contained, acquit the accused, unless for some reason he thinks it
proper to adjourn the hearing of the case to some other day:
Provided that where the complainant is represented by a pleader or by the officer
conducting the prosecution or where the Magistrate is of opinion that the personal
attendance of the complainant is not necessary, the Magistrate may dispense with his
attendance and proceed with the case.
(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the
non-appearance of the complainant is due to his death.
257.Withdrawal of complaint.-
If a complainant, at any time before a final order is passed in any case under this Chapter,
satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his
complaint against the accused, or if there be more than one accused, against all or any of
them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the
accused against whom the complaint is so withdrawn.

258.Power to stop proceedings in certain cases.-

In any summons-case instituted otherwise than upon complaint, a Magistrate of the first
class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial
Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage
without pronouncing any judgment and where such stoppage of proceedings is made after
the evidence of the principal witnesses has been recorded, pronounce a judgment of
acquittal, and in any other case, release the accused, and such release shall have the effect
of discharge.
259.Power of Court to convert summons-cases into warrant-cases.-
When in the course of the trial of a summons-case relating to an offence punishable with
imprisonment for a term exceeding six months, it appears to the Magistrate that in the
interests of justice, the offence should be tried in accordance with the procedure for the
trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner
provided by this Code for the trial of warrant-cases and may re-call any witness who may
have been examined.
Warrant trial cases instituted on the 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.
If the charges against the accused are found to be baseless by the magistrate, then the
accused is discharged. And if the magistrate finds the case triable, then a charge is framed
against the accused.
The charges are explained to the accused and he is asked whether he pleads guilty or not. If
the accused pleads guilty then the magistrate can convict him. If the accused pleads Not
guilty then the magistrate has to fix a date for examining the witnesses, whose statements
have been supplied to the accused in advance. Summons can be issued to any of the
witnesses by the magistrate. The accused shall then be called upon to enter upon his
defence and produce his evidence. The magistrate should file in the records, any written
statements given by the accused.

Warrant trial Cases instituted otherwise than on police report

The accused appears or is brought before a Magistrate, the Magistrate proceeds to hear the
prosecution and take all evidence which can be produced in the support of the prosecution.
Upon taking all the evidence referred to in section 244, if the Magistrate considers that no
case against the accused has been made out, which would warrant his conviction, then the
Magistrate shall discharge him. A Magistrate can also discharge a person at any initial stage
of the case if he considers the charge to be baseless.
If at any earlier stage of the case, the Magistrate is of the opinion that there is reason to
presume that the accused has committed a triable offense, the Magistrate files an
accusation against the accused in writing. If the accused pleads guilty after reading and
understanding the charges, then the magistrate can convict him. If the accused does not
plead guilty for any reason, he is required to state in the first hearing, if he wants to cross
examine any witness or not. If he wishes the same then the witnesses named by him shall
be recalled and they shall be discharged, after cross- examination and re-examination. And
after that, the remaining witnesses are called and examined. The accused is then summoned
to put forth his defence and produce his evidence; the provisions of section 243 are applied
to the case.
The common stages in warrant cases (section 248 to 250)
If the charges are framed, and the Magistrate finds the accused not guilty, an acquittal order
is recorded. But, if the magistrate considers the accused guilty, he imposes sentence upon
him according to law, after hearing the accused on the matter of sentence. The magistrate
has the authority to discharge the accused if the complainant is absent on the day of
hearing of a non-cognizable offense. The accused is immediately discharged, where a case is
instituted on complaint to a magistrate or police officer and the magistrate finds that the
complaint against the accused person has no ground.

Trial of summons case

When the accused appears or is brought before the Magistrate in a summons-case, he is
informed about the details of the offense of which he is accused, and he is asked whether
he pleads guilty or has any defence to make, but a formal charge is not filed. If the accused
pleads guilty, the magistrate can convict him. When summons are issued and the accused
does not want to appear before the magistrate in case of petty offences, he has to send to
the magistrate, a letter containing his plea and the amount of fine which was specified in
the summons. Petty offense here means any offense punishable only by a fine not exceeding
one thousand rupees, but does not include any offense so punishable under the Motor
Vehicles Act of 1939 (4 of 1939) 103, or any other statute that allows for the prosecution of
the accused in his absence on a plea of guilty.

If the Magistrate does not convict the accused under section 252 or section 253, the
Magistrate then would proceed to hear the prosecution case and would proceed to take all
such evidence produced by the prosecution in support of their case. On the application of
the prosecution or the accused, the magistrate can issue summons to any witness or direct
them to produce any document or thing. After due consideration of evidence, if the
magistrate thinks fit, he can record an order of acquittal. If the magistrate finds the accused
guilty, then he can pass the sentence in accordance with the law. If the summons has been
issued on complaint and on the day appointed for the appearance of the accused, the
complainant does not appear including the possibility of death, the Magistrate acquits the
accused unless for some reason he thinks it proper to adjourn the hearing of the case to
some other day. But if the magistrate thinks that the attendance of the complainant is not
necessary, he can proceed with the case. The magistrate has the authority to permit the
complainant to withdraw his complaint on sufficient grounds and also thereby, acquitting
the accused person. The accused will be discharged in any case of stoppage of proceedings.
If in the course of a summon trial, it is realized or discovered by the magistrate that the
sentence in case can exceed the period of 6 months, then the magistrate can re-hear the
trial case as a warrant case. He can re-hear the witnesses and proceed in the manner in
which warrant cases are executed.