Power of Court to convert summons-cases into warrant cases
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Summary
If during trial of a summons-case for an offence punishable with more than six months imprisonment the magistrate finds it in the interests of justice, the magistrate can convert the trial to the procedure for warrant-cases. The magistrate may re-hear the case under the warrant-case procedure and recall any witness already examined. Conversion brings the fuller procedure and safeguards of a warrant trial.
Example
Ravi, a shopkeeper, faces a summons-case for theft punishable by up to two years imprisonment. Mid-trial the magistrate decides the matter needs the fuller procedure, converts it to a warrant-case, re-hears key evidence and recalls a witness who had already testified.
Bare Act
Enacted textWhen 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.
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