A warrant case is one relating to an offence punishable with death, life imprisonment, or imprisonment for more than two years (S.2(1)(w)). When such cases are tried by a Magistrate (not committed to Sessions), the BNSS prescribes separate procedures depending on whether the case is instituted on police report (S.261-267) or on complaint (S.268-273).
Legal Framework
| Provision | Subject |
|---|---|
| S.261 BNSS (formerly S.238 CrPC) | Procedure when case instituted on police report |
| S.262 BNSS (formerly S.239 CrPC) | Supply of documents to accused |
| S.263 BNSS (formerly S.240 CrPC) | Evidence for prosecution |
| S.264 BNSS (formerly S.242 CrPC) | Evidence for defence |
| S.265 BNSS (formerly S.243 CrPC) | Discharge before charge |
| S.266 BNSS (formerly S.244 CrPC) | Framing of charge |
| S.267 BNSS (formerly S.245 CrPC) | Conviction on plea of guilty |
| S.268 BNSS (formerly S.246 CrPC) | Procedure when instituted on complaint |
| S.269 BNSS (formerly S.247 CrPC) | Complainant's evidence |
| S.270 BNSS (formerly S.248 CrPC) | When accused to be discharged |
| S.271 BNSS (formerly S.249 CrPC) | Charge when case made out |
| S.272 BNSS (formerly S.250 CrPC) | Defence evidence |
| S.273 BNSS (formerly S.250 CrPC) | Acquittal or conviction |
Why: Warrant cases involve offences with significant punishment (above 2 years). The procedure must be more rigorous than summons cases, including formal charge, full evidence recording, and right to discharge. The distinction between police report and complaint procedures reflects different evidentiary foundations.
Example Why two tracks?
- Police report track (S.261): Police investigate a burglary for 2 months, collect forensic evidence, examine 10 witnesses, and file a charge sheet. The Magistrate already has a thick file of evidence. He reads it, hears arguments on charge, and frames charge. The investigation did the heavy lifting.
- Complaint track (S.263): A private person walks in and says "my partner forged documents." There's no police investigation just the complainant's word. The Magistrate must therefore be more careful: she first hears prosecution evidence, then decides whether to frame charge. The accused also gets the right to cross-examine the complainant's witnesses before charge is framed.
Same offence (e.g., forgery, punishable with 7 years), different procedure because the evidentiary starting point is different.
Warrant Case on Police Report (S.261-267)
Procedure:
| Step | Section | Detail |
|---|---|---|
| 1 | S.262 | Documents (charge sheet, statements) supplied to accused |
| 2 | S.261 | Magistrate considers charge sheet and documents |
| 3 | S.265 | If no ground, discharge accused (with reasons) |
| 4 | S.266 | If ground exists, frame charge; read and explain |
| 5 | S.267 | If accused pleads guilty, may convict |
| 6 | S.263 | If pleads not guilty, prosecution evidence recorded |
| 7 | S.263 | Defence cross-examines prosecution witnesses |
| 8 | S.264 | Defence evidence |
| 9 | S.273 | Judgment: conviction or acquittal |
Discharge (S.265):
If after considering the police report and documents, the Magistrate considers the charge groundless, they shall discharge the accused with reasons recorded. This is before charge framing.
Warrant Case on Complaint (S.268-273)
Procedure:
| Step | Section | Detail |
|---|---|---|
| 1 | S.268 | Magistrate takes cognizance on complaint |
| 2 | S.269 | Complainant's evidence (all witnesses) recorded on oath |
| 3 | S.270 | If no prima facie case after evidence, discharge accused |
| 4 | S.271 | If case made out, frame charge |
| 5 | S.272 | Accused may adduce defence evidence |
| 6 | S.273 | Judgment: acquittal or conviction |
Key Difference from Police Report Cases:
In complaint cases, prosecution evidence is recorded before charge. The Magistrate assesses whether a charge is warranted only after hearing all prosecution evidence. In police report cases, charge can be framed on documents alone (before oral evidence).
Recall Check
- What is the fundamental difference between warrant case on police report vs. on complaint?
- At which stage can the Magistrate discharge the accused in a police report case?
- What must the Magistrate do if the accused pleads guilty after charge?
Key Cases
Superintendent and Remembrancer of Legal Affairs v. Anil Kumar Bhunja (1979) Superintendent-v-Anil-Kumar-Bhunja-1979 Issue: Whether the Magistrate must frame charge before recording prosecution evidence in a warrant case on complaint. Rule: In complaint-based warrant cases, prosecution evidence is recorded first; charge is framed only if evidence discloses a case. Held: The sequence is: (1) record prosecution evidence, (2) if evidence discloses offence, frame charge, (3) then proceed to defence. This distinguishes complaint cases from police report cases where documents precede evidence.
Distinctions
| Parameter | Warrant Case (Police Report) | Warrant Case (Complaint) |
|---|---|---|
| Initiated by | Police charge sheet (S.193) | Private complaint |
| Documents supplied | Before charge framing (S.262) | N/A (no charge sheet) |
| Discharge stage | S.265: on documents, before evidence | S.270: after prosecution evidence |
| Evidence sequence | Charge first → evidence | Evidence first → charge |
| Prosecution by | Public Prosecutor / APP | Complainant's counsel (S.314) |
| Strength of case | Already investigated | Untested allegations |
Flashcards
Q: What is a warrant case? A: A case relating to an offence punishable with death, life imprisonment, or imprisonment exceeding 2 years (S.2(1)(w)).
Q: In a warrant case on police report, when is the accused discharged? A: S.265: after considering charge sheet and documents, before framing of charge.
Q: In a warrant case on complaint, when is charge framed? A: S.271: only after prosecution evidence is recorded and the Magistrate is satisfied a case is made out.
Q: What happens if the accused pleads guilty after charge is framed? A: S.267: Magistrate may record the plea and convict (if satisfied plea is voluntary and unequivocal).
Q: What is the evidence sequence difference between police report and complaint warrant cases? A: Police report: charge framed on documents → oral evidence. Complaint: oral evidence → charge framed.
Q: Who conducts prosecution in warrant case on complaint? A: The complainant's counsel (with court permission under S.314) or the APP.
Exam Scenario
In a warrant case initiated on a private complaint for criminal breach of trust (S.316 BNS, punishable up to 5 years), the Magistrate frames charge against the accused before recording any prosecution evidence. The accused challenges the procedure. Advise.
Under S.268-273 BNSS (warrant case on complaint), the prescribed sequence is: (1) record complainant's evidence under S.269, (2) if evidence makes out a case, frame charge under S.271, (3) then record defence evidence. Framing charge before recording prosecution evidence violates the mandatory sequence for complaint-based warrant cases. Per Superintendent v. Anil Kumar Bhunja (1979), in complaint cases, prosecution evidence must precede charge. The accused's challenge is well-founded. However, the consequence depends on prejudice. Under S.504 BNSS, an error in charge procedure is curable unless it causes failure of justice. If the accused subsequently had full opportunity to cross-examine and defend, the irregularity may be cured. But ideally, the Magistrate should recall prosecution witnesses, record evidence afresh, assess whether charge is warranted, and only then frame charge if satisfied.