Warrant trial is the procedure prescribed for the trial of warrant cases — offences punishable with death, imprisonment for life, or imprisonment for a term exceeding two years — before a Magistrate. Under Indian law, the procedure for warrant trials is governed by Sections 238 to 250 of the Code of Criminal Procedure, 1973 (now Sections 261 to 274 of the BNSS, 2023).
Legal definition
Section 2(x) of the Code of Criminal Procedure, 1973 defines a "warrant case":
Section 2(x): "Warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
The CrPC prescribes two distinct procedures within warrant trials depending on how the case was initiated:
- Cases instituted on a police report (Sections 238-243 CrPC / Sections 261-268 BNSS): The Magistrate considers the police report and documents. If no ground exists, the accused is discharged. If sufficient ground exists, the charge is framed and the trial proceeds.
- Cases instituted on a complaint (Sections 244-250 CrPC / Sections 269-274 BNSS): The Magistrate first takes evidence for the prosecution. If no prima facie case emerges, the accused is discharged. If a prima facie case is made out, charges are framed.
New law equivalent: Under the BNSS, 2023, Sections 261-274 govern warrant trials. A key reform is the introduction of a sixty-day timeline for the accused to file a discharge application from the date of receiving copies of documents.
How courts have interpreted this term
Sunil Mehta v. State of Gujarat [(2013) 3 SCC 554]
The Supreme Court examined the procedure to be followed in warrant trial cases and held that the Magistrate must strictly follow the sequence prescribed by the Code — consideration of police report, hearing on discharge, framing of charge, prosecution evidence, statement of accused, defence evidence, and judgment.
Ajit Kumar Palit v. State of West Bengal [AIR 1963 SC 765]
The Supreme Court clarified the procedure in warrant cases instituted otherwise than on a police report. The Court held that the Magistrate must first hear the prosecution and take evidence before deciding whether to frame a charge. The accused cannot be called upon to plead before the prosecution evidence is complete.
State of M.P. v. S.B. Johari [(2000) 2 SCC 57]
The Supreme Court held that in a warrant case based on a police report, the Magistrate has the power to discharge the accused if the charge is found to be groundless. This power under Section 239 CrPC is analogous to the power of the Sessions Judge under Section 227 CrPC.
Why this matters
The warrant trial procedure is the most commonly encountered trial format in Indian criminal courts, as it covers all offences punishable with more than two years imprisonment — which includes the vast majority of serious offences under the IPC/BNS. Understanding its stages and procedural requirements is essential for any criminal law practitioner.
For practitioners, the critical difference between warrant trial and summons trial lies in the procedural rigour. Warrant trials require a formal written charge, the right to cross-examine prosecution witnesses, the opportunity for the accused to lead defence evidence, and detailed recording of evidence. Summons trials, by contrast, follow a simplified procedure appropriate for less serious offences.
The distinction between cases on police report and cases on complaint is equally important. In police report cases, the accused has an early opportunity to seek discharge after considering the documents. In complaint cases, the prosecution must first lead evidence before the question of discharge arises. This procedural difference reflects the assumption that police-investigated cases already carry a threshold level of scrutiny.
Related terms
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Frequently asked questions
What is the difference between a warrant trial and a summons trial?
A warrant trial is for offences punishable with death, life imprisonment, or imprisonment exceeding two years. A summons trial is for offences punishable with imprisonment up to two years. Warrant trials follow a more elaborate procedure with formal charges, while summons trials use a simplified process.
Can a Magistrate try all warrant cases?
No. A Magistrate of the First Class can try warrant cases where the punishment does not exceed imprisonment for seven years. Cases punishable with death or life imprisonment, or cases committed to the Court of Session, must be tried by a Sessions Judge.
What is the sequence of stages in a warrant trial?
In cases on a police report: (1) supply of copies to accused, (2) consideration of discharge, (3) framing of charge, (4) plea of accused, (5) prosecution evidence, (6) examination of accused under Section 313 CrPC (Section 351 BNSS), (7) defence evidence, (8) arguments, and (9) judgment.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.