Redefining Justice

The trial of warrant-cases represents a critical aspect of criminal justice, ensuring a structured and fair process for addressing serious offences. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the procedural framework governing such trials has been meticulously designed to uphold the principles of natural justice while maintaining efficiency and transparency. A warrant-case typically involves offences punishable by imprisonment exceeding two years, necessitating a more detailed judicial process than summary or summons trials. The new legal framework provides distinct provisions for cases instituted on police reports and those initiated otherwise, ensuring clarity and uniformity in trial procedures. It emphasizes the rights of the accused, the obligations of the prosecution, and the pivotal role of the Magistrate in balancing these interests. This article delves into the procedural nuances, from the filing of charges to the conclusion of the trial, highlighting the innovations and safeguards embedded within the BNSS.

1. Cases Instituted on a Police Report

What must the Magistrate ensure at the commencement of a trial in a warrant-case instituted on a police report?

The Magistrate is required to furnish the accused and the victim (if represented by an advocate) with free copies of specified documents without delay, and in no case beyond fourteen days from the date of production or appearance of the accused. The following documents must be furnished:

• The police report.
• The first information report (FIR).
• Statements recorded of all persons whom the prosecution proposes to examine as witnesses, excluding parts requested for exclusion by the police.
• Confessions and statements recorded.
• Any other document or relevant extract forwarded with the police report.

What happens if the police request exclusion of a part of a statement recorded?

If such a request is made, the Magistrate may peruse the part of the statement and consider the reasons provided by the police. The Magistrate may then direct that either:

• A copy of the excluded part or portion deemed proper by the Magistrate shall be furnished to the accused, or
• The exclusion shall be upheld.

What is the provision for voluminous documents?

If a document is voluminous, the Magistrate may:

• Furnish copies in electronic form.
• Direct that the document may only be inspected either personally by the accused or through an advocate in court.

Is the supply of documents in electronic form considered sufficient?

Yes, documents furnished in electronic form are considered as duly furnished.

When can the accused prefer an application for discharge?

The accused may prefer an application for discharge within sixty days from the date of supply of copies of documents.

On what grounds can the Magistrate discharge the accused?

The Magistrate may discharge the accused if, after considering the police report, documents sent, and any necessary examination of the accused, the charge against the accused is deemed groundless. The reasons for discharge must be recorded.

Can the Magistrate consider disputed facts or evidentiary value during discharge?

No, while exercising powers, the Magistrate cannot consider the merits of disputed facts (Srilekha Sentilkumar v. CBI, (2019) 7 SCC 82). The evidentiary value of prosecution materials cannot be questioned at this stage (State of Karnataka v. M.R. Hiremath, (2019) 7 SCC 515).

What is the procedure for framing a charge in such cases?

If the Magistrate presumes the accused has committed an offence triable by him, a charge must be framed in writing within sixty days of the first hearing on the charge. The charge must be read and explained to the accused, who is then asked to plead guilty or claim trial.

What happens if the accused pleads guilty?

The Magistrate shall record the plea and may convict the accused at his discretion.

What is the procedure if the accused refuses to plead or claims trial?

• The Magistrate shall fix a date for the examination of witnesses.
• The statements of witnesses recorded during the investigation must be supplied to the accused in advance.
• The Magistrate may issue summons to witnesses for attendance or production of documents.
• The Magistrate shall take evidence in support of the prosecution, permitting deferred cross-examination or recall of witnesses if necessary. Witnesses may also be examined via audio-video electronic means.

What steps follow the prosecution’s evidence?

• The accused is called upon to present their defence and evidence.
• The accused may file a written statement, and the Magistrate must file it with the record.
• The Magistrate may compel the attendance of witnesses for the defence unless the application is deemed vexatious or intended to delay justice.
• Witnesses may be examined via audio-video electronic means, with reasonable expenses deposited if necessary.

1. Cases Instituted Otherwise Than on a Police Report

What is the procedure for prosecution evidence in these cases?

• The Magistrate shall hear the prosecution and take all evidence presented.
• The Magistrate may summon witnesses or documents as requested by the prosecution.

When can the accused be discharged in such cases?

If the Magistrate finds that the evidence does not establish a case warranting conviction, or if the charge appears groundless at any stage, the accused shall be discharged with reasons recorded.

What happens if the Magistrate does not discharge the accused?

• The Magistrate shall frame a charge if the evidence indicates the accused committed an offence triable by him.
• The charge must be read and explained to the accused, who is asked to plead guilty or present a defence.
• If the accused pleads guilty, the Magistrate may convict him.
• If the accused refuses to plead, the Magistrate proceeds to record prosecution evidence and allows for cross-examination or re-examination of witnesses.

How is the defence conducted in such cases?

The accused is called to present their defence, and the provisions applicable to defence in police-report cases apply here.

1. Conclusion of Trial

What is the procedure for acquittal or conviction?

• If the Magistrate finds the accused not guilty, an order of acquittal is recorded.
• If the accused is found guilty, the Magistrate shall hear them on sentencing and pass an appropriate sentence.
• For previous convictions, the Magistrate may take evidence and record findings after conviction.

What happens if the complainant is absent in a case initiated on complaint?

If the complainant is absent and the offence is compoundable or non-cognizable, the Magistrate may discharge the accused after giving thirty days’ time for the complainant to appear.

Can compensation be awarded for accusations without reasonable cause?

Yes, if the Magistrate finds no reasonable ground for the accusation, they may order the complainant or informant to pay compensation to the accused. This order can include imprisonment for non-payment and does not exempt the complainant from further civil or criminal liability. Appeals are allowed against such compensation orders exceeding ₹2,000 by Magistrates of the second class.

Therefore, the Bharatiya Nagarik Suraksha Sanhita, 2023, brings a progressive and well-defined approach to the trial of warrant-cases, addressing contemporary challenges in the criminal justice system. By streamlining procedures, promoting technological integration such as audio-video examination, and emphasizing the accountability of all parties involved, the legislation seeks to enhance the efficacy of criminal trials. This structured approach not only ensures justice is served but also safeguards the rights of the accused and the integrity of the judicial process. As India moves forward with this transformative legal framework, it holds the potential to strengthen public confidence in the judiciary and pave the way for a more robust and equitable justice delivery system.

 Muneeb Rashid Malik is an Advocate practicing before the Hon’ble Supreme Court of India, Hon’ble High Court of Delhi and Hon’ble High Court of Jammu & Kashmir and Ladakh. He is the Legal Advisor to Kashmir Uzma. He tweets @muneebmalikrash.