Question
The power of court to convert summons- cases into
warrant- cases apply to an offence punishable with imprisonmentSolution
This answer is based on Section 282 of the BNSS (which corresponds to Section 259 of the old CrPC). 1. The Statutory Provision (Section 282 BNSS) The section empowers a Magistrate to convert a summons-case into a warrant-case during the trial. The text explicitly states: "When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months , it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases and may recall any witness who may have been examined." 2. Key Conditions for Conversion For this power to be exercised, two main conditions must be satisfied simultaneously:
- Punishment Threshold: The offence must be punishable with imprisonment for a term exceeding six months . (If the offence is punishable only by fine or imprisonment of less than 6 months, this section cannot be applied).
- Judicial Discretion: The Magistrate must be of the opinion that it is necessary in the "interests of justice" to try the case as a warrant case (which offers more elaborate procedures and checks).
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