Trial Of Warrant-Cases By Magistrates MCQ Quiz - Objective Question with Answer for Trial Of Warrant-Cases By Magistrates - Download Free PDF

The correct answer is Section 239 of Code of Criminal Procedure

Key Points

• Section 239 of the Code of Criminal Procedure, 1973 (CrPC) deals with the discharge of the accused in a warrant case instituted on a police report.
• It says, after considering the police report and documents, and after hearing the accused and prosecution, if the Magistrate considers the charge to be groundless, he shall discharge the accused and record his reasons for doing so.

The correct answer is Section 249 of the Criminal Procedure Code

Key Points

• Section 249 of the Criminal Procedure Code (CrPC), 1973 deals specifically with the absence of the complainant in a warrant case.
• It says, 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 anytime before the charge has been framed, discharge the accused.
• Applies only to warrant cases instituted on a complaint (not on a police report).
• If the complainant is absent, the Magistrate may discharge the accused before charge is framed.
• It's discretionary, not mandatory.

The correct answer is Section 239

Key Points

• Section 239 of The Code of Criminal Procedure, 1973, outlines the conditions under which an accused may be discharged.
• This section specifies that if, after reviewing the police report and associated documents provided under Section 173, and possibly examining the accused as deemed necessary by the Magistrate, and after ensuring that both the prosecution and the accused have had the opportunity to be heard, the Magistrate finds the charges to be without merit, the accused shall be discharged.
• The Magistrate is also required to document the reasons for this decision.

The correct answer is Option 4.

Key Points

• SECTION 249 CrPC - 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.
• The Magistrate has discretion in the matter. He may discharge the accused or may proceed with the case. Where the offences alleged against the accused were serious in nature and the circumstances of the case prima facie supported the case of the complainant, it would be improper for the Magistrate to discharge the accused on the ground of the absence of the complainant. 

Additional Information

•  After framing the charge, the Magistrate cannot discharge the accused due to default of appearance by the complainant.
• Similarly if a charge is framed and the complainant dies subsequently, the Magistrate must proceed with the case. Where in the course of a trial for defamation the complainant dies, the Magistrate need not discharge the accused but can continue with the trial. 

The correct answer is option 3.Key Points

• Section 246 of Criminal procedure Code 1973 deals with procedure where accused is not discharged.
• It says 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.

The correct answer is Proviso to Section 275(1).

Key Points

• Section 275 of the CrPC provides for Record in warrant-cases.
• It states that —(1) In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself or by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the Court appointed by him in this behalf:
  Provided that evidence of a witness under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence. 
  (2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the evidence could not be taken down by himself for the reasons referred to in sub-section (1).
  (3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in his discretion take down, or cause to be taken down, any part of such evidence in the form of question and answer.
  (4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record.

The correct answer is option 1.

Key Points

• Section 206 of Cr.P.C. provides the procedure to issue special summon in case of petty offence.
• A Petty offence for which one may be tried at common law without a jury or for which there is no constitutional right to trial by jury.
• Sub section 1 of section 206 states Under following circumstances the magistrate may issue special summon-If 
  • Magistrate taking cognizance of a petty offence, thinks case may be summarily disposed of under section 260 or section 261 of Cr.P.C. the Magistrate shall,  issue summons to the accused requiring him either to appear in person or by pleader before the Magistrate on a specified date, or
  • If Accused desires to plead guilty to the charge without appearing before the Magistrate, to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear by pleader and to plead guilty to the charge through such pleader, to authorise, in writing, the pleader to plead guilty to the charge on his behalf and to pay the fine through such pleader:
• The amount of the fine specified in such summons shall not exceed one thousand rupees.
• Sub-section (2) states For the purposes of this section, “petty offence” means any offence punishable only with fine not exceeding one thousand rupees, but does not include any offence so punishable under the Motor Vehicles Act, 1939, or under any other law which provides for convicting the accused person in his absence on a plea of guilty.
• The State Government may, by notification, specially empower any Magistrate to exercise the powers conferred by sub-section (1) in relation to any offence which is compoundable under section 320 or any offence punishable with imprisonment for a term not exceeding three months, or with fine, or with both where the Magistrate is of opinion that, having regard to the facts and circumstances of the case, the imposition of fine only would meet the ends of justice.

Additional Information

• Section 253 of Cr.P.C. states 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.
• Section 376 provides no appeal in petty cases under following circumstances, If,
  • High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;
  • Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;
  • Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or
  • Where, in a case tried summarily, a Magistrate empowered to act under section 260 passes only a
    sentence of fine not exceeding two hundred rupees:
     

The correct answer is option 3.Key Points

• Section 246 of Criminal procedure Code 1973 deals with procedure where accused is not discharged.
• It says 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.

The correct answer is option 2.

Key Points Section 250 (3) says

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.

The correct answer is Section 239 of Code of Criminal Procedure

Key Points

• Section 239 of the Code of Criminal Procedure, 1973 (CrPC) deals with the discharge of the accused in a warrant case instituted on a police report.
• It says, after considering the police report and documents, and after hearing the accused and prosecution, if the Magistrate considers the charge to be groundless, he shall discharge the accused and record his reasons for doing so.

The correct answer is Section 249 of the Criminal Procedure Code

Key Points

• Section 249 of the Criminal Procedure Code (CrPC), 1973 deals specifically with the absence of the complainant in a warrant case.
• It says, 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 anytime before the charge has been framed, discharge the accused.
• Applies only to warrant cases instituted on a complaint (not on a police report).
• If the complainant is absent, the Magistrate may discharge the accused before charge is framed.
• It's discretionary, not mandatory.

The correct answer is Section 239

Key Points

• Section 239 of The Code of Criminal Procedure, 1973, outlines the conditions under which an accused may be discharged.
• This section specifies that if, after reviewing the police report and associated documents provided under Section 173, and possibly examining the accused as deemed necessary by the Magistrate, and after ensuring that both the prosecution and the accused have had the opportunity to be heard, the Magistrate finds the charges to be without merit, the accused shall be discharged.
• The Magistrate is also required to document the reasons for this decision.

The correct answer is Option 4.

Key Points

• SECTION 249 CrPC - 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.
• The Magistrate has discretion in the matter. He may discharge the accused or may proceed with the case. Where the offences alleged against the accused were serious in nature and the circumstances of the case prima facie supported the case of the complainant, it would be improper for the Magistrate to discharge the accused on the ground of the absence of the complainant. 

Additional Information

•  After framing the charge, the Magistrate cannot discharge the accused due to default of appearance by the complainant.
• Similarly if a charge is framed and the complainant dies subsequently, the Magistrate must proceed with the case. Where in the course of a trial for defamation the complainant dies, the Magistrate need not discharge the accused but can continue with the trial. 

The correct option is None of these.

Key Points

• Trial Phase:-
  • Section 225:- Trial to be conducted by Public Prosecutors
    • Under the Code of Criminal Procedure, there is a mandate that the Public Prosecutor should conduct prosecution in every trial placed before the Session Courts.
  • Section 226:- Opening case for prosecution
    • Upon the appearance of the accused before the Court of Sessions or if an accused is brought before the Court of Sessions, the Prosecutor is una der duty to open his case before the court.
    • The Prosecutor shall describe the charge against the accused with the proposed evidence to be placed to prove the guilt in the court.
  • Section 234:- Arguments
    • As soon as the completion of the examination of witnesses by the prosecution and the Defence Counsels is over, the case shall be summed up by the respective Prosecutor with Arguments.
    • Arguments shall be oral as well as written.
    • If any new issue or law point is raised by the Defence Counsel, the Prosecutors are allowed to give their counter arguments with the permission of the courts.
  • Section 301:- Appearance by Prosecutor
    • The Public Prosecutor or the Assistant Public Prosecutors dealing with the criminal case are empowered to represent the case directly before the Sessions Court or the Magistrates Courts in all the stages of Inquiry, Trial or Appeal in the Appellate courts.
    • In case of request of any private person to the Prosecutor to prosecute any person, the Prosecutor or assistant Prosecutor must take the needful action upon such request.

The correct answer is Proviso to Section 275(1).

Key Points

• Section 275 of the CrPC provides for Record in warrant-cases.
• It states that —(1) In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself or by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the Court appointed by him in this behalf:
  Provided that evidence of a witness under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence. 
  (2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the evidence could not be taken down by himself for the reasons referred to in sub-section (1).
  (3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in his discretion take down, or cause to be taken down, any part of such evidence in the form of question and answer.
  (4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record.