The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-VIII]

STARTING OF TRIAL IN A “WARRANT CASE”

(Ss. 242 (1), 246 (4), 230 Cr.P.C.)

Q.35 When does the trial starts in a “warrant case” ?

Ans. Trial in a “warrant case” starts when the accused “pleads not guilty” to the charge framed against him and “claims to be tried” under –

• Section 242 (1) Cr.P.C. in a “warrant case” instituted on a “Police Report” before a Magistrate.
• Section 246 (4) Cr.P.C. in a “warrant case” instituted otherwise than on a Police Report before a Magistrate.
• Section 230 Cr.P.C. in a “sessions trial”.

A Constitution Bench of the Supreme Court of India in Hardeep Singh v. State of Punjab AIR 2014 SC 1400 = (2014) 3 SCC 92 – 5 Judges – P. Sathasivam, Dr. B. S. Chauhan, Ranjana P. Desai, Ranjan Gogoi, S. A. Bobde – JJ, after following nearly half a dozen rulings including Ratilal Bhanji Mithani v. State of Maharashtra AIR 1979 SC 94 = (1979) 2 SCC 179 – 3 Judges – R. S. Sarkaria, O. Chinnappa Reddy, A. P. Sen – JJ, concluded that “trial in a warrant case commences with the framing of charge”. (Vide paras 35 and 43 (38 and 47 of SCC).

NOTES BY THE AUTHOR: With due respect, the Constitution Bench has not fully assimilated the three-Judge decision in Rathilal Bhanji (Supra – AIR 1979 SC 94) in which Justice R. S. Sarkaria has beautifully observed as follows:-

“The trial in a warrant case starts with the framing of charge; prior to it the proceedings are only an inquiry. After the framing of charge if the accused pleads not guilty, the Magistrate is required to proceed with the trial in the manner provided in S.254 to 258 to a logical end.” (Vide para 28)

(Ss. 254 to 258 of the 1898 Code correspond to Sections 246 to 248 of the 1973 Code.)

Thus, it is only when the accused “pleads not guilty” that the trial can start. Where the accused voluntarily “pleads guilty”, the Magistrate can straightaway convict him without a trial and can impose an appropriate sentence on him

CONSEQUENCE OF THE ACCUSED “PLEADING GUILTY” AND “PLEADING NOT GUILTY”

Q.36 What is the consequence of an accused “pleading guilty” and “pleading not guilty”?