Code:
(1) When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.
(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.
Explanation
This section deals with the procedure to be followed by a Magistrate in a warrant-case instituted otherwise than on a police report. It outlines the steps involved in the hearing of the prosecution evidence.
- Subsection (1): When the accused appears or is brought before the Magistrate, the Magistrate shall proceed to hear the prosecution. This includes taking all evidence presented in support of the prosecution’s case.
- Subsection (2): The Magistrate has the power to issue summons to prosecution witnesses, on the application of the prosecution, to ensure their attendance. This summons can also require the witness to produce any relevant document or other thing.
Illustration
Suppose a private individual files a complaint against another individual for theft. The Magistrate, upon issuing a warrant for the accused’s arrest, hears the prosecution’s evidence presented by the complainant. The Magistrate may then issue summons to any witnesses identified by the complainant to appear and testify.
Common Questions and Answers
Q: What is a warrant-case?
A: A warrant-case is a case where a warrant of arrest is issued against the accused by the Magistrate.
Q: What is the difference between a warrant-case and a summons-case?
A: In a warrant-case, a warrant of arrest is issued, while in a summons-case, only a summons is issued for the accused to appear before the Magistrate.
Q: Can the accused be compelled to give evidence in a warrant-case?
A: No, the accused has the right to remain silent and is not compelled to give evidence in a warrant-case.
