Warrant Case Flashcards by Pournamy Paru1234

Chap in which warrant case is mentioned

Ch 19

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… sec defines warrant case

2(x)

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Punishment of imprisonment of … yrs is given in warrant case

more than 2 yrs

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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

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Warrant cases intituted other than by Police report dealt in

244-250

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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

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Who acc to Sec 207 should comply/ make sure that copy of FIR or police report is served to accused

Magistrate

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S 209 is dealt in which session on what case

Sessions case
226 Opening of case in sessions case

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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

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207 is dealt in S
209 is dealt in

FIR copy served 238 (beginning itself)
226 Opening case
(225- who should start prosecution)

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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

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sec referring handling of Police report to Mag is …
sec referring handling of FIR/ Police report copy to accused is

173
207

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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

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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

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Framing of charges in Warrant cases

240

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Evidence for prosecution as of Sessions case and
Warrant cases instituted upon police report are

231
242

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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

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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

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.. sec has been amended to add a provision that; Mag must supply Statement of witness to accused in advance of

242 (1)- Prosecution evidence

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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

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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

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As per S 232 (3) Mag must permit cross examination/ defer/ recall by prosecution

False
His discretion

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Section that deals with evidence for defence in
Sessions case
warrant case as upon Police report

233
243

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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....

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