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) | Police report: Magistrate satisfies himself that documents were supplied under S.230 |
| S.262 BNSS (formerly S.239 CrPC) | Discharge: application within 60 days of supply of documents (S.262(1), new); discharge if charge groundless, with reasons (S.262(2)) |
| S.263 BNSS (formerly S.240 CrPC) | Framing of charge within 60 days from the first hearing on charge (new time limit) |
| S.264 BNSS (formerly S.241 CrPC) | Conviction on plea of guilty |
| S.265 BNSS (formerly S.242 CrPC) | Evidence for prosecution; witness statements supplied in advance; audio-video examination |
| S.266 BNSS (formerly S.243 CrPC) | Evidence for defence |
| S.267 BNSS (formerly S.244 CrPC) | Complaint case: evidence for prosecution before charge |
| S.268 BNSS (formerly S.245 CrPC) | Discharge if no case made out which, if unrebutted, would warrant conviction |
| S.269 BNSS (formerly S.246 CrPC) | Charge framed; cross-examination of prosecution witnesses after charge |
| S.270 BNSS (formerly S.247 CrPC) | Evidence for defence |
| S.271 BNSS (formerly S.248 CrPC) | Acquittal or conviction (common to both tracks) |
| S.272 BNSS (formerly S.249 CrPC) | Absence of complainant in a complaint case |
| S.273 BNSS (formerly S.250 CrPC) | Compensation for accusation without reasonable cause |
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.267): 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.261-266)
Procedure:
| Step | Section | Detail |
|---|---|---|
| 1 | S.261 | Magistrate satisfies himself that documents were supplied under S.230 |
| 2 | S.262(1) | Accused may apply for discharge within 60 days of supply of documents |
| 3 | S.262(2) | Magistrate considers report and documents, may examine accused (also by audio-video means), hears both sides; if charge groundless, discharges with reasons |
| 4 | S.263 | If ground for presuming the offence, frames charge within 60 days of first hearing on charge; read and explain |
| 5 | S.264 | If accused pleads guilty, may convict |
| 6 | S.265 | If pleads not guilty, prosecution evidence recorded |
| 7 | S.265 | Defence cross-examines prosecution witnesses |
| 8 | S.266 | Defence evidence |
| 9 | S.271 | Judgment: conviction or acquittal |
Discharge (S.262):
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.267-270)
Procedure:
| Step | Section | Detail |
|---|---|---|
| 1 | S.267 | Accused appears; Magistrate hears the prosecution and takes its evidence |
| 2 | S.268(1) | If no case is made out which, if unrebutted, would warrant conviction, discharge with reasons; S.268(2) allows earlier discharge if the charge is groundless |
| 3 | S.269 | If there is ground for presuming the offence, frame charge; accused asked to plead; prosecution witnesses recalled for cross-examination |
| 4 | S.270 | Defence evidence |
| 5 | S.271 | Judgment: acquittal or conviction |
| 6 | S.272, S.273 | Absence of complainant; compensation for groundless accusation |
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).
Key Cases
Superintendent and Remembrancer of Legal Affairs v. Anil Kumar Bhunja (1979) Superintendent v Anil Kumar Bhunja 1979
Issue: Whether the Magistrate rightly discharged licensed arms dealers, in a warrant case on a police report, on the view that handing firearms to an unlicensed mechanic for repair was not delivery of "possession" under S.29(b) Arms Act.
Rule: At the stage of framing charge, the Magistrate has to see whether the facts alleged and sought to be proved prima facie disclose the offence; the prosecution evidence has not yet begun.
Held: The materials prima facie disclosed offences under S.29(b) and S.30 of the Arms Act; the discharge was wrong. The appeal was allowed.
Distinctions
| Parameter | Warrant Case (Police Report) | Warrant Case (Complaint) |
|---|---|---|
| Initiated by | Police charge sheet (S.193) | Private complaint |
| Documents supplied | Under S.230, checked under S.261 | N/A (no charge sheet) |
| Discharge stage | S.262: on documents, before evidence | S.268: 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 |
| Parameter | Discharge (S.262, S.268) | Acquittal (S.271) |
|---|---|---|
| Stage | Before charge | After trial on charge |
| Effect | Accused released; fresh proceedings possible on new material | Bar of double jeopardy (S.337 BNSS) |
Criticism and Debate
- History: The Code of 1898 had a similar two-track scheme; the CrPC 1973 retained it in S.238 to S.250. The BNSS 2023 keeps the structure but adds time limits: a discharge application within 60 days of supply of documents (S.262(1)) and framing of charge within 60 days of the first hearing (S.263(1)), with audio-video examination of witnesses.
- Debate: The time limits aim to reduce delay, but no consequence is prescribed for breach, so critics expect them to be treated as directory. Complaint cases remain slower because prosecution evidence is taken twice (before and after charge).
- Conclusion: The warrant procedure balances fair trial for serious offences with speed; the BNSS changes add discipline at the charge stage.
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.
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?
Flashcards
What is a warrant case?
A case relating to an offence punishable with death, life imprisonment, or imprisonment exceeding 2 years (S.2(1)(w)).
In a warrant case on police report, when is the accused discharged?
S.265: after considering charge sheet and documents, before framing of charge.
In a warrant case on complaint, when is charge framed?
S.271: only after prosecution evidence is recorded and the Magistrate is satisfied a case is made out.
What happens if the accused pleads guilty after charge is framed?
S.267: Magistrate may record the plea and convict (if satisfied plea is voluntary and unequivocal).
What is the evidence sequence difference between police report and complaint warrant cases?
Police report: charge framed on documents → oral evidence. Complaint: oral evidence → charge framed.
Who conducts prosecution in warrant case on complaint?
The complainant's counsel (with court permission under S.314) or the APP.