TRAIL OF WARRANT CASES
Warrant cases involve serious criminal offenses, with trial jurisdiction split between Sessions Courts for grave crimes and Magistrates’ Courts for less severe matters as outlined in Column 6 of the First Schedule.
As a general rule, a Sessions Court cannot take original cognizance of an offense and must receive cases committed to it by a competent Magistrate.
The singular exception permits a Sessions Court to take direct cognizance of defamation cases involving high dignitaries and public servants, which are tried following modified Magistrate warrant procedures under Sections 222 and 260 of the BNSS.
Furthermore, while Section 21 grants High Courts the statutory authority to try any offense, direct High Court trials are reserved for rare cases with widespread ramifications, in which case the High Court adopts standard Sessions Court procedure.
Consequently, statutory warrant procedures are organized into two primary frameworks: trial before a Sessions Court and trial before a Magistrate.
PART I
Trial before a Sessions Court
(1) Parties.
Under Section 248 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), every trial before a Sessions Court must be conducted by a Public Prosecutor or a representative acting under their instructions.
To guarantee a fair defense, Sections 340 and 341 of the BNSS entitle every accused person to legal representation of their choice, making it obligatory for the court to assign free state-funded legal aid if the accused cannot afford counsel.
Furthermore, as an essential judicial safeguard before trial commencement, the Sessions Court must confirm that the committing Magistrate complied with Sections 230 and 231 BNSS by supplying the accused with complete copies of critical prosecution documents, such as the FIR, police report, and witness statements.
(2) Opening case for prosecution.
Under Section 249 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), once a case has been committed to the Sessions Court pursuant to Section 232 BNSS (or under any applicable law) and the accused appears or is brought before the court, the trial commences with the Public Prosecutor opening the case.
The prosecutor is required to present an initial summary describing the specific accusations against the accused and outlining the evidence by which the prosecution intends to prove guilt.
This step serves as an essential preliminary duty, ensuring the Public Prosecutor provides the court with a fair and clear understanding of the prosecution’s case before the judge proceeds to frame formal charges or consider a discharge.
(3) Discharge of the accused.
Under Section 250 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the court evaluates whether there are sufficient legal grounds to proceed against an accused by examining the case record, reviewing submitted documents, and hearing arguments from both the prosecution and defense.
If the court finds no sufficient basis for trial, it is required to discharge the accused and formally record its reasons, with Section 250(1) BNSS introducing a specific 60-day deadline from the date of committal for filing a discharge application.
At this early stage, the court does not meticulously test the truth or veracity of the prosecution’s evidence, but rather exercises discretion to determine if the unrebutted material makes a conviction reasonably possible.
Consequently, formal charges will only be framed if the judicial perusal of the record confirms a clear prima facie case against the accused.
(4) Framing of charge.
Under Section 251(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), after reviewing the case record and hearing arguments, the court determines how to proceed based on trial jurisdiction.
If the alleged offense is not exclusively triable by the Sessions Court, the judge may frame charges and transfer the case to a Chief Judicial Magistrate or Judicial Magistrate First Class to be tried under police report warrant case procedures.
Conversely, if the offense is exclusively triable by the Sessions Court, the court is mandated to frame written charges within 60 days from the date of the initial hearing on charge.
In executing this duty, the court is not expected to act as a passive mouthpiece for the prosecution, nor is it required to thoroughly analyze the defense of the accused; rather, it retains the authority to sift and evaluate the materials solely to determine the existence of a prima facie case.
Because the evidentiary threshold at this preliminary stage is far lower than the standard of proof beyond reasonable doubt required for conviction, even a very strong suspicion grounded in the record that creates a presumptive opinion of the offense justifies framing formal charges.
(5) Explaining the charge to the accused and inquiring about plea.
Under Section 251(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), once the Sessions Court frames a charge against the accused for an offense exclusively triable by it, the court must formally read and explain the charge to the accused.
This communication can take place either with the accused physically present in court or via audio-video electronic means.
Following the explanation of the allegations, the court must explicitly ask the accused whether they plead guilty to the charged offense or claim to be tried.
This procedural step ensures that the accused fully understands the exact allegations against them and gives them a formal opportunity to state their position before the trial moves forward.
(6) Conviction on plea of guilty.
Under Section 252 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), if the accused pleads guilty, the court is required to record the admission verbatim and may, at its judicial discretion, convict the accused based on that plea.
For a plea of guilty to be legally valid, the accused must unequivocally admit to the underlying facts constituting the essential ingredients of the offense without attaching external qualifications or conditions.
Furthermore, as clarified by the Supreme Court, a plea of guilty is completely invalid if the accused has not been fully confronted with the substance of the factual allegations prior to admitting to a violation of law.
If the court finds the plea valid and decides to convict the accused, it must proceed in accordance with the statutory guidelines for sentencing and passing post-conviction orders.
(7) Date for prosecution-evidence.
Under Section 253 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), if the accused refuses to plead, fails to enter a plea, claims to be tried, or is not convicted by the court following a guilty plea under Section 252 BNSS, the court must schedule a date for the examination of prosecution witnesses.
To ensure a comprehensive presentation of the case, the court is empowered, upon application by the prosecution, to issue legal process compelling the attendance of any witness or the production of required documents or physical objects needed for the trial.
(8) Evidence for the prosecution.
The procedure for taking and recording prosecution evidence in a Sessions trial under the Bharatiya Nagarik Suraksha Sanhita (BNSS) balances electronic modernizations with legal protections.
Under Section 254 BNSS, the court receives all prosecution evidence on the scheduled date, incorporating modern provisions that explicitly allow the deposition of witnesses, including public servants, to be recorded via audio-video electronic means.
While the Public Prosecutor is obligated to examine essential material witnesses to properly unfold the case narrative, they are not required to call every duplicate witness or individuals who have been compromised by the defense; nevertheless, unjustified omissions may lead the court to draw an adverse inference.
Procedurally, under Sections 311 through 315 BNSS, the evidence must be recorded in writing by or under the direct superintendence of the Presiding Judge, ordinarily in narrative form, and translated into the language of the court or interpreted to the witness and accused when necessary.
To ensure accuracy and maintain a complete appellate record, the completed deposition must be read back to the witness in the presence of the defense, signed by the judge, and accompanied by judicial observations regarding the witness’s demeanor during examination.
(9) Arguments on behalf of the prosecution.
Regarding arguments on behalf of the prosecution in a criminal trial, this matter has been previously discussed in detail in Lecture 10 under the heading “Arguments: Oral and written” on page 249 and is not repeated in full here.
However, it is essential to emphasize that presenting prosecution arguments—both oral and written—is an indispensable stage of the trial process that must be properly observed and not missed by the court.
(10) Examination of the accused.
Regarding the examination of the accused in a criminal trial, this represents a crucial procedural stage designed to allow the accused an opportunity to explain any circumstances appearing in the evidence against them.
While the full legal analysis and statutory requirements governing this phase were discussed earlier in Lecture 10 under the heading “Court’s power and duty to examine the accused person” on page 242, it remains a vital duty of the court that must be properly executed before moving forward in the trial process.
(11) Acquittal of the accused after hearing the parties.
Under Section 255 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)—formerly Section 232 of the Code of Criminal Procedure (CrPC)—after the prosecution completes its evidence and the court examines the accused, the court must hear arguments from both sides to determine whether a case has been made out.
If the court considers that there is “no evidence” showing that the accused committed the offense, it must formally record an order acquitting the accused person.
In this legal context, “no evidence” signifies that the material on record, even if taken as completely true, fails to constitute legal proof of the offense.
At this intermediate stage, the court does not evaluate the credibility or weight of the evidence, but rather determines whether the prosecution’s case is legally insufficient to require the defense to present its evidence.
(12) Evidence for the defence.
Under Section 256 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)—formerly Section 233 of the Code of Criminal Procedure (CrPC)—if the accused is not acquitted after the prosecution evidence phase, the court calls upon them to enter their defense and present supporting evidence.
The accused is entitled to request legal process to compel witness attendance or the production of documents; however, the court may refuse such requests in writing if they are made for vexation, delay, or defeating the ends of justice, though non-compliance will not invalidate the trial unless actual prejudice occurs.
Furthermore, the accused is a competent witness who may give sworn evidence in their defense or submit a written statement that the court must add to the official record.
Finally, the examination and recording of defense witnesses must proceed in the exact same legal manner as established for prosecution witnesses.
(13) Court witnesses.
Regarding court witnesses in a criminal proceeding, the court possesses the discretionary power to summon and examine any person as a court witness at any stage of the trial if it considers their testimony necessary for a just decision.
While the full legal analysis and statutory requirements governing this phase were discussed in detail earlier in Lecture 10 under the heading “Power of the court to summon any material witnesses or to examine persons present” on page 234, it serves as an essential mechanism ensuring that the court is not strictly limited to the witnesses called by the prosecution or defense.
(14) Arguments.
Under Section 257 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and its accompanying proviso, once the examination of defense witnesses is complete, the trial moves to final arguments.
The prosecutor begins by summing up the case against the accused, after which the accused or their advocate is entitled to present a reply.
Additionally, if the defense raises any specific point of law during its submission, the prosecution may, with the court’s permission, make further legal submissions regarding that issue before the trial concludes for judgment.
(15) Judgment.
Under Section 258(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), once final arguments and any points of law have been heard, the court is required to deliver its judgment as soon as possible, ordinarily within 30 days from the date arguments conclude.
If necessary, this period can be extended up to 45 days, but the court must explicitly record its reasons for the extension in writing.
The broader procedural guidelines—including the delivery and pronouncement of the judgment, its prescribed language and content, sentencing directions, and post-conviction orders—are governed by Sections 392 to 406 of the BNSS, which form the full legal framework for final judicial orders in a trial.
(16) Procedure to follow the order of conviction.
Under Section 258(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), if the court records an order convicting the accused person, it has the option to release the offender after a formal admonition or on probation of good conduct pursuant to Section 401 of the BNSS or the provisions of the Probation of Offenders Act, 1958.
If the court decides against releasing the offender on probation or admonition, it must give the convict an opportunity to be heard on the question of sentence before passing a sentence according to law.
These post-conviction processes, including sentencing hearings and probation conditions, provide essential statutory safeguards and are covered comprehensively in Lecture 15 (“Judgment”) and Lecture 22 (“Probation”).
(17) Procedure in case of previous conviction.
Under Section 259 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), when a previous conviction is charged under Section 234(7) BNSS and the accused denies it, the court must follow a strict two-stage procedure to ensure a fair trial.
To prevent prejudice, the proviso to Section 259 BNSS explicitly mandates that the charge of previous conviction shall not be read out, pleaded to, or referred to by the prosecution during the trial phase.
Only after the Sessions Court has convicted the accused of the current offense under Section 252 or Section 258 BNSS may it take evidence regarding the alleged previous conviction and record its finding, which is used solely to determine whether the accused is subject to enhanced punishment.