Rajasthan APO 2024 Prelims Paper

Under which Section of Code of Criminal Procedure, 1973 power of court to convert summons-cases into warrant cases is provided?

Verified Answer
A. Section 256
B. Section 258
C. Section 257
D. Section 259

Explanation:

The correct answer is Section 259 of the Code of Criminal Procedure (CrPC), 1973. This section specifically grants the power to a Magistrate to convert a summons case into a warrant case. The rationale behind this provision is to allow the court to adopt a more rigorous procedure for the trial of certain offenses, even if they are initially classified as summons cases, if the circumstances warrant it. This conversion is not arbitrary; the Magistrate must record reasons for such a decision, indicating that the complexity or gravity of the case necessitates a warrant trial procedure, which involves more formal steps like framing of charges and a more elaborate evidence recording process. This ensures that justice is served appropriately, especially when an offense initially appearing minor turns out to be more serious or complex during the proceedings. Let's analyze the other options: Option (0) Section 256: This section deals with the procedure when the accused does not appear or is not produced in a summons case. It outlines the steps the Magistrate can take, such as adjourning the hearing or, in certain circumstances, proceeding with the trial in the absence of the accused. It does not, however, provide for the conversion of a summons case into a warrant case. Its focus is purely on managing the presence of the accused in a summons trial. Option (2) Section 257: This section pertains to the withdrawal of a complaint in a summons case. It allows a complainant to withdraw their complaint at any time before a final order is passed, and upon such withdrawal, the accused is acquitted. This provision is about discontinuing the proceedings through the complainant's initiative, not about changing the nature of the trial from summons to warrant. Option (1) Section 258: This section grants the power to a Magistrate to stop proceedings in certain summons cases. If the Magistrate stops the proceedings before the evidence of the principal witnesses has been recorded, it has the effect of an acquittal. If the proceedings are stopped after such evidence has been recorded, it amounts to an acquittal. This section is about terminating a summons trial prematurely, either by acquittal or discharge, and does not involve converting it into a warrant case. It is a power to conclude the case without a full trial, not to escalate its procedural complexity.