Code of Criminal Procedure, 1973

Power of Court to convert summons-cases into warrant-cases.

259. 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 Code for the trial of warrant-cases and may recall any witness who may have been examined.

COMMENTS

JOINT COMMITTEE OF PARLIAMENT

Power of Magistrate to convert cases - This is a new section added by the Joint Committee of Parliament. While suggesting the addition of this section the Joint Committee observed :

".....the Magistrate should have the power to convert the summons-case into a warrant-case in serious cases if he considers it necessary to do so in the interests of justice. In such cases the proceedings should commence from the start. The need for this has arisen particularly because the scope for adopting summons-case procedure has been enlarged under the new Code."