TRIAL OF WARRANT-CASES BY MAGISTRATES
CHAPTER XX
A.—Cases instituted on a police report
261. Compliance with Section 230
262. When accused shall be discharged
263. Framing of charge
264. Conviction on plea of guilty
265. Evidence for prosecution
266. Evidence for defence
B.—Cases instituted otherwise than on police report
267. Evidence for prosecution
268. When accused shall be discharged
269. Procedure where accused is not discharged
270. Evidence for defence
C.—Conclusion of trial
271. Acquittal or conviction
272. Absence of complainant
273. Compensation for accusation without reasonable cause
Preliminary-Style MCQs – Chapter XX (Trial of Warrant-Cases by Magistrates)
1. Chapter XX of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with:
(a) Trial of Summons-cases by Magistrates
(b) Trial of Warrant-cases by Magistrates
(c) Summary Trials
(d) Plea Bargaining
2. In a warrant-case instituted on a police report, under which section must the Magistrate ensure compliance with Section 230 (supply of copies)?
(a) Section 261
(b) Section 267
(c) Section 268
(d) Section 271
3. When can a Magistrate discharge the accused in a case instituted on a police report?
(a) After taking all evidence for the prosecution
(b) If, upon considering the police report and documents, the charge is groundless
(c) Only if the complainant is absent
(d) After the accused pleads guilty
4. Under Section 263, a charge is framed in writing against the accused if:
(a) The Magistrate is of opinion that there is ground for presuming the accused has committed an offence triable under this Chapter
(b) The accused confesses before the police
(c) The complainant insists on framing charges
(d) The prosecution evidence is completed
5. In a warrant-case instituted otherwise than on a police report, the Magistrate proceeds to hear the prosecution and take evidence under:
(a) Section 261
(b) Section 265
(c) Section 267
(d) Section 272
6. Under Section 268, an accused in a case instituted otherwise than on a police report shall be discharged if:
(a) No case against the accused has been made out which, if unrebutted, would warrant conviction
(b) The police report is not filed within 60 days
(c) The accused pays compensation
(d) The witness turns hostile
7. If an accused pleads guilty after the charge is read and explained, the Magistrate:
(a) Must discharge the accused
(b) Shall record the plea and may, in his discretion, convict him thereon
(c) Must stay the proceedings
(d) Must refer the case to the Sessions Court
8. In warrant-cases, if the complainant is absent on the day fixed for hearing and the offence is lawfully compoundable or not a cognizable offence:
(a) The Magistrate must convict the accused
(b) The Magistrate may, in his discretion, discharge the accused before the charge is framed
(c) The case is automatically transferred to another Magistrate
(d) The police must arrest the complainant
9. Section 273 provides for compensation for accusation without reasonable cause. The maximum compensation a Magistrate can order is:
(a) Not exceeding the amount of fine he is empowered to impose
(b) Fixed at five thousand rupees
(c) Ten thousand rupees
(d) Unlimited
10. Under BNSS, 2023, the Magistrate shall finish the examination of witnesses within a period of:
(a) Sixty days
(b) Two years
(c) Six months
(d) One year
Q11. Under Section 266, when an accused is called upon to enter their defence, if they put in any written statement:
(A) The Magistrate shall reject it as inadmissible.
(B) The Magistrate shall file it with the record.
(C) The Public Prosecutor must sign it first for verification.
(D) It must be published in a local newspaper.
Q12. Which section deals with the evidence for prosecution in warrant-cases instituted OTHERWISE than on a police report?
(A) Section 262.
(B) Section 265.
(C) Section 267.
(D) Section 270.
Q13. Under Section 268(1), in a case otherwise than on police report, a Magistrate shall discharge the accused if:
(A) The accused appears voluntarily in response to the summons.
(B) No case has been made out which, if unrebutted, would warrant conviction.
(C) The police fail to provide a final report within ninety days.
(D) The victim is not present at the very first hearing.
Q14. According to Section 268(2), a Magistrate can discharge an accused at any previous stage of the case if:
(A) The accused pays the required court fees.
(B) The Magistrate considers the charge to be groundless.
(C) The complainant requests withdrawal of the case.
(D) The High Court gives a verbal order to the Magistrate.
Q15. Under Section 269(4), if an accused does not plead guilty or claims to be tried in a case otherwise than on police report, they shall be required to state:
(A) Whether they wish to cross-examine any prosecution witnesses whose evidence has been taken.
(B) Whether they are willing to pay for the prosecution's travel expenses.
(C) The names of all defense witnesses they intend to call immediately.
(D) Whether they are willing to confess to a minor offence.
Q16. (New BNSS Update) Under Section 269(7), if prosecution witnesses cannot be secured for cross-examination despite all reasonable measures, the Magistrate may:
(A) Order the immediate arrest of the witnesses.
(B) Close the prosecution evidence and proceed with the case on the basis of materials on record.
(C) Dismiss the entire case for failure of the prosecution.
(D) Transfer the case to the High Court for further direction.
Q17. Under Section 271(2), if a Magistrate finds the accused guilty in a warrant-case but does not proceed under Section 364 or 401, he:
(A) Shall immediately pronounce the maximum sentence without further discussion.
(B) Shall hear the accused on the question of sentence and then pass sentence according to law.
(C) Must refer the case to the Sessions Judge for final sentencing.
(D) Must release the accused on probation regardless of the nature of the crime.
Q18. In a case instituted upon complaint, if the complainant is absent on the day of hearing and the offence is non-cognizable, the Magistrate may under Section 272:
(A) Issue a warrant of arrest for the complainant.
(B) Discharge the accused at any time before the charge has been framed.
(C) Convict the accused based on the material in the complaint.
(D) Transfer the case to the police for investigation.
Q19. Under Section 272, before discharging an accused due to the complainant's absence, the Magistrate must give the complainant how much time to be present?
(A) Seven days.
(B) Fourteen days.
(C) Thirty days.
(D) Sixty days.
Q20. Under Section 273, if a Magistrate finds there was no reasonable ground for making an accusation, he may order the complainant to pay compensation not exceeding:
(A) One thousand rupees.
(B) Five thousand rupees.
(C) The amount of fine he is empowered to impose.
(D) Ten thousand rupees.
Q21. According to Section 273(5), compensation awarded by a Magistrate under this section is recovered:
(A) Through community service as directed by the Court.
(B) As if it were a fine.
(C) By direct deduction from the complainant's bank account.
(D) It cannot be legally recovered; it is a moral obligation only.
Q22. Evaluate the following statements regarding Chapter XX:
Statement I: A Magistrate can discharge an accused under Section 262(2) only after framing the charge.
Statement II: Discharge is a stage that occurs before the charge is framed if grounds are groundless.
(A) Only Statement I is correct.
(B) Only Statement II is correct.
(C) Both are correct.
(D) Neither is correct.
Q23. Assertion (A): In warrant-cases on a police report, the Magistrate must supply document copies to the accused within 14 days.
Reason (R): Section 261 mandates compliance with Section 230 to ensure the accused is informed of the evidence against them before trial begins.
(A) Both A and R are true, and R is the correct explanation of A.
(B) Both are true, but R is not the correct explanation.
(C) A is true, but R is false.
(D) A is false, but R is true.
Q24. Analytical Question: Based on the provided text, can a Magistrate discharge an accused in a police-instituted warrant case before framing a charge?
(A) No, discharge can only happen after the prosecution evidence is recorded.
(B) Yes, under Section 262(2) if the charge is considered groundless after hearing both sides.
(C) Only if the accused is a woman or a child.
(D) No, only the Sessions Court has the power to discharge in warrant-cases.
Q25. Problem: In a warrant-case otherwise than on police report, the prosecution examines 3 witnesses. The accused then requests to cross-examine them. Can the Magistrate refuse this under Section 269?
(A) Yes, cross-examination is at the absolute discretion of the Magistrate.
(B) No, Section 269(4) and (5) give the accused the right to recall prosecution witnesses for cross-examination.
(C) Only if the witnesses are elderly or sick.
(D) Yes, but only if the accused is not represented by an advocate.
Q26. Under Section 273(3), who is EXEMPTED from the process of paying compensation for a groundless accusation in a Magistrate's trial?
(A) The President of India.
(B) The Vice-President or Governor.
(C) The Public Prosecutor.
(D) No person is explicitly listed as exempt in the provided text of Section 273.
Q27. True or False: According to Section 271, a Magistrate can only record an order of acquittal if the prosecution fails to produce any witnesses.
(A) True.
(B) False.
Q28. Logic Check: What is the primary reason Section 265(3) allows the Magistrate to defer cross-examination of a witness?
(A) To allow the prosecution to find more evidence.
(B) To protect witnesses from being influenced by the defense.
(C) To ensure a structured trial where the defense can see the whole case before cross-examining specific witnesses.
(D) To wait for a forensic report that is currently missing.
Q29. (New BNSS Update) According to Section 262(2), the Magistrate's examination of the accused for discharge may be conducted via:
(A) Physical presence in the courtroom only.
(B) Audio-video electronic means.
(C) Only through written submissions from the defense lawyer.
(D) Video messages sent via registered courier.
Q30. Under Section 273(8), the rules regarding compensation for groundless accusations apply to:
(A) Only warrant-cases.
(B) Only summons-cases.
(C) Both summons-cases and warrant-cases.
(D) Only non-cognizable cases instituted on a police report.
Answer Key (with Sections)
Q1 – B [S. 261]
Q2 – B [S. 262(1)]
Q3 – C [S. 262(2)]
Q4 – B [S. 262(2)]
Q5 – B [S. 263(1)]
Q6 – B [S. 264]
Q7 – B [S. 265(1)]
Q8 – C [S. 265(1) Proviso]
Q9 – B [S. 265(3)]
Q10 – B [S. 265(3) second Proviso]
Q11 – B [S. 266(1)]
Q12 – C [S. 267]
Q13 – B [S. 268(1)]
Q14 – B [S. 268(2)]
Q15 – A [S. 269(4)]
Q16 – B [S. 269(7)]
Q17 – B [S. 271(2)]
Q18 – B [S. 272]
Q19 – C [S. 272]
Q20 – C [S. 273(2)]
Q21 – B [S. 273(5)]
Q22 – B [Legal procedural flow in S. 262/263]
Q23 – A [Procedural Logic based on S. 261/230]
Q24 – B [S. 262(2)]
Q25 – B [S. 269(5)]
Q26 – D [S. 273 text vs S. 260(3) – S. 273 does not list the high dignitaries like S. 260 does for Sessions trials]
Q27 – B [S. 271(1) – Acquittal is based on the finding of “not guilty” after considering evidence]
Q28 – C [Legal Logic/S. 265(3)]
Q29 – B [S. 262(2)]
Q30 – C [S. 273(8)]
Here are the 10 statement‑based questions :
Statement-Based Prelims Practice – Chapter XX (Trial of Warrant-Cases by Magistrates)
Q1. Consider the following statements regarding the start of a trial in a warrant-case instituted on a police report:
Statement I: The Magistrate must satisfy himself that the copies of documents, including the police report and FIR, have been furnished to the accused as per Section 230.
Statement II: These documents must also be furnished to the victim if they are represented by an advocate.
(A) Only Statement I is correct.
(B) Only Statement II is correct.
(C) Both statements are correct.
(D) Neither statement is correct.
Q2. Regarding the discharge of an accused in a police-instituted case under Section 262:
Statement I: The accused has a sixty-day window from the date documents are supplied to file an application for discharge.
Statement II: The Magistrate is permitted to examine the accused through audio-video electronic means to decide if the charge is groundless.
(A) Only Statement I is correct.
(B) Only Statement II is correct.
(C) Both statements are correct.
(D) Neither statement is correct.
Q3. Evaluate these statements regarding the framing of charges under Section 263:
Statement I: If the Magistrate believes there are grounds for presuming the accused committed a triable offence, they shall frame a charge in writing within sixty days from the first hearing on the charge.
Statement II: After the charge is framed, it must be read and explained to the accused, who is then asked if they plead guilty.
(A) Only Statement I is correct.
(B) Only Statement II is correct.
(C) Both statements are correct.
(D) Neither statement is correct.
Q4. Consider the rules for prosecution evidence under Section 265:
Statement I: The Magistrate is required to supply the accused with witness statements recorded during the police investigation in advance.
Statement II: The examination of witnesses can be conducted via audio-video electronic means at designated places notified by the State Government.
(A) Only Statement I is correct.
(B) Only Statement II is correct.
(C) Both statements are correct.
(D) Neither statement is correct.
Q5. Regarding the evidence for the defence under Section 266:
Statement I: If an accused submits a written statement, the Magistrate is legally bound to file it with the record.
Statement II: The Magistrate may refuse to issue a process for a witness if they believe the request is made for the purpose of vexation or delay.
(A) Only Statement I is correct.
(B) Only Statement II is correct.
(C) Both statements are correct.
(D) Neither statement is correct.
Q6. Regarding discharge in warrant-cases instituted otherwise than on a police report (Section 268):
Statement I: The Magistrate shall discharge the accused if, after taking all prosecution evidence, no case is made out which would warrant a conviction if unrebutted.
Statement II: A Magistrate has the power to discharge an accused at any previous stage of the case if the charge is considered groundless.
(A) Only Statement I is correct.
(B) Only Statement II is correct.
(C) Both statements are correct.
(D) Neither statement is correct.
Q7. Evaluate the following statements regarding the recall of witnesses in non-police report cases (Section 269):
Statement I: If the accused refuses to plead or claims to be tried, they must state whether they wish to cross-examine any prosecution witnesses whose evidence was already taken.
Statement II: If the accused expresses this wish, the named witnesses must be recalled for cross-examination and re-examination.
(A) Only Statement I is correct.
(B) Only Statement II is correct.
(C) Both statements are correct.
(D) Neither statement is correct.
Q8. Consider the new BNSS provision regarding unavailable prosecution witnesses under Section 269(7):
Statement I: If prosecution witnesses cannot be secured despite reasonable measures, the Magistrate may close the prosecution evidence.
Statement II: In such a scenario, the witness is deemed not to have been examined because they were not available.
(A) Only Statement I is correct.
(B) Only Statement II is correct.
(C) Both statements are correct.
(D) Neither statement is correct.
Q9. Regarding the conclusion of a trial under Section 271:
Statement I: If the Magistrate finds the accused not guilty after a charge has been framed, they must record an order of acquittal.
Statement II: If the accused is found guilty, the Magistrate must hear them on the question of sentence before passing the final sentence, unless they are dealing with probation.
(A) Only Statement I is correct.
(B) Only Statement II is correct.
(C) Both statements are correct.
(D) Neither statement is correct.
Q10. Regarding compensation for groundless accusations under Section 273:
Statement I: A Magistrate can order a complainant to pay compensation to the accused not exceeding the amount of fine the Magistrate is empowered to impose.
Statement II: The rules regarding compensation for groundless accusations apply equally to both summons-cases and warrant-cases.
(A) Only Statement I is correct.
(B) Only Statement II is correct.
(C) Both statements are correct.
(D) Neither statement is correct.
Answer Key (with Sections)
Q1 – C (S. 261 & S. 230)
Q2 – C (S. 262(1) & 262(2))
Q3 – C (S. 263(1) & 263(2))
Q4 – C (S. 265(1) & 265(3))
Q5 – C (S. 266(1) & 266(2))
Q6 – C (S. 268(1) & 268(2))
Q7 – C (S. 269(4) & 269(5))
Q8 – C (S. 269(7))
Q9 – C (S. 271(1) & 271(2))
Q10 – C (S. 273(2) & 273(8))
READY RECKONER
This "Warrant-Case Playbook" is your quick ready reckoner for Chapter XX (Sections 261–273) of the BNSS, 2023. This chapter details the more rigorous trial procedure for serious offences (warrant-cases) handled by Magistrates.
Part A: Cases Instituted on a Police Report (Sections 261–266)
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The Document Check (S. 261): The Magistrate must first ensure that all documents (FIR, statements, etc.) have been furnished to the accused as per Section 230.
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The Discharge Filter (S. 262):
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The 60-Day Window: The accused has sixty days from the date of document supply to apply for discharge.
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Groundless Cases: If the Magistrate considers the charge "groundless" after considering the report and documents, the accused is discharged.
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Tech Upgrade: The Magistrate can examine the accused physically or through audio-video electronic means to decide on discharge.
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Framing the Charge (S. 263): If a case exists, a written charge must be framed within sixty days from the first hearing on the charge.
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The Plea and Evidence (S. 264–265):
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If the accused pleads guilty, the Magistrate may convict them.
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If they claim trial, the prosecution produces evidence.
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Advance Disclosure: Prosecution witness statements must be supplied to the accused in advance.
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Remote Evidence: Witnesses can be examined via audio-video electronic means at designated places.
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The Defence (S. 266): The accused produces their evidence. Any written statement provided must be filed with the record.
Part B: Cases Instituted Otherwise than on Police Report (Sections 267–270)
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Prosecution First (S. 267): Unlike police cases, the Magistrate hears the prosecution and takes evidence before framing a charge.
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Discharge (S. 268): The accused is discharged if no case is made out after the evidence, or at any previous stage if the charge is groundless.
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Framing the Charge and Recall (S. 269):
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If a case is presumed, a charge is framed.
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The accused can then demand to recall and cross-examine any of the prosecution witnesses already heard.
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The "Dead-End" Rule: If prosecution witnesses cannot be secured despite all reasonable measures, the Magistrate may close the evidence and decide the case on the existing materials.
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Part C: Conclusion of Trial (Sections 271–273)
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Acquittal or Conviction (S. 271):
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If not guilty, an order of acquittal is recorded.
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If guilty, the Magistrate must hear the accused on the question of sentence before passing it (unless using probation or referring to a CJM).
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The "No-Show" Rule (S. 272): In complaint-based cases (if compoundable or non-cognizable), if the complainant is absent, the Magistrate must give them thirty days' time to appear before discharging the accused.
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Frivolous Accusations (S. 273): If a case is found to have no reasonable ground, the Magistrate can order the complainant to pay compensation to the accused.
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Limit: The compensation cannot exceed the amount of fine the Magistrate is empowered to impose.
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Universal Rule: This compensation provision applies to both summons-cases and warrant-cases.
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Quick Revision Tip: "The BNSS 60-Day Clock" In police-instituted cases, the accused has 60 days to apply for discharge, and the Magistrate has 60 days to frame the charge from the first hearing.