CrPC Section 259: Court’s Power to Convert Summons Cases into Warrant Cases

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CrPC Section 259: Court’s Power to Convert Summons Cases into Warrant Cases

This section of the Code of Criminal Procedure, 1973 (CrPC) empowers a Magistrate to convert a summons case into a warrant case if certain conditions are met.

Explanation:

The CrPC categorizes cases into two types based on the process of bringing the accused before the court:

  • Summons Cases: In these cases, the accused is summoned to appear before the court through a summons. The accused is not arrested unless they fail to appear in court despite the summons.
  • Warrant Cases: In these cases, the accused is arrested and brought before the court under a warrant issued by the court.

Section 259 empowers the Magistrate to convert a summons case into a warrant case if the following conditions are satisfied:

  • Non-appearance of the Accused: The accused, despite being duly summoned, fails to appear before the court.
  • Sufficient Grounds: The Magistrate has sufficient grounds to believe that the accused, if not arrested, will:
    • Abscond to avoid arrest.
    • Interfere with the investigation.
    • Tamper with evidence.
    • Threaten the safety of witnesses.

Illustration:

Suppose a person is accused of theft, and the Magistrate issues a summons to him to appear in court. However, the accused fails to appear despite receiving the summons. The Magistrate has reason to believe that the accused is planning to flee the country. In such a scenario, the Magistrate can, under Section 259, convert the summons case into a warrant case and issue a warrant for the arrest of the accused.

Common Questions and Answers:

  • Q: Can the Magistrate convert a summons case into a warrant case without any grounds?A: No, the Magistrate must have sufficient grounds to believe that the accused will abscond, interfere with the investigation, tamper with evidence, or threaten the safety of witnesses.
  • Q: Can the accused challenge the conversion of the case into a warrant case?A: Yes, the accused can challenge the conversion of the case by filing an appeal before the higher court.
  • Q: What is the significance of Section 259?A: Section 259 ensures that the accused is brought before the court for trial, even if they try to evade the legal process. It helps prevent the accused from obstructing the course of justice.
Also Read  CrPC Section 408: Transfer of Cases & Appeals - Power of Sessions Judge
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