Section 244 CrPC: Evidence for Prosecution in Complaint Warrant Cases
Section 244 of the Code of Criminal Procedure, 1973 deals with prosecution evidence in a warrant-case instituted otherwise than on a police report. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 267 BNSS.
Meaning and scope of Section 244 CrPC
A warrant-case is a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years (the statutory definition appears in Section 2(x) CrPC; see also the BNSS definition). A case instituted otherwise than on a police report includes a warrant-case proceeding on a private complaint, rather than one instituted on a police charge-sheet.
Section 244 provides for evidence before the decision whether to discharge the accused or frame a charge in this category of warrant-case. It should not be confused with Section 242 CrPC, which deals with prosecution evidence in warrant-cases instituted on a police report.
Section 244 CrPC: Original statutory text
Evidence for prosecution
(1) When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.
(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.
Section 267 BNSS: Current corresponding provision
Section 267 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is also titled Evidence for prosecution. It retains the two principal rules: the Magistrate hears and takes prosecution evidence after the accused appears in a warrant-case instituted otherwise than on a police report, and may summon prosecution witnesses or require production of documents or other things on the prosecution's application.
The wording of Section 267 BNSS is substantively the same as Section 244 CrPC. Consult the official BNSS text hosted by the National Crime Records Bureau and the Bureau of Police Research and Development BNSS reference PDF for the legislation.
How prosecution evidence is taken
- Appearance of accused: The accused appears or is brought before the Magistrate in a warrant-case instituted otherwise than on a police report.
- Prosecution evidence: The Magistrate hears the prosecution and records the evidence produced in support of the accusation.
- Summons for witnesses or records: The prosecution may apply for summons requiring a witness to attend or to produce a document or another relevant thing; the Magistrate has power to issue such summons.
- Testing the evidence: Witness testimony is subject to applicable rules of examination and cross-examination and fair-trial safeguards.
- Discharge or further proceedings: After the relevant evidence, the Magistrate considers discharge under Section 245 CrPC (Section 268 BNSS) or proceeds in accordance with the rules on framing a charge.
Section 242 and Section 244 CrPC: Key difference
| Point | Section 242 CrPC | Section 244 CrPC |
|---|---|---|
| Type of warrant-case | Instituted on a police report | Instituted otherwise than on a police report |
| Stage | Prosecution evidence after the charge / plea stage | Prosecution evidence before the discharge / charge decision |
| Corresponding BNSS section | Section 265 | Section 267 |
Related provisions and practical points
- Section 245 CrPC / Section 268 BNSS: Discharge where the statutory test is satisfied, including the possibility of discharge at an earlier stage where the charge is groundless.
- Section 246 CrPC / Section 269 BNSS: Procedure where the accused is not discharged, including framing of charge.
- Section 247 CrPC / Section 270 BNSS: Evidence for the defence after the relevant charge and plea stages.
- Section 531 BNSS: Repeal and savings; the applicable procedural code may depend on the status of the case at commencement.
The prosecution must produce evidence relevant to the accusation. A summons under subsection (2) is a procedural mechanism for obtaining attendance or production; it does not itself establish guilt. The court must apply the relevant statutory tests at subsequent stages.
Frequently asked questions
What is Section 244 CrPC?
It governs the taking of prosecution evidence in a warrant-case instituted otherwise than on a police report, after the accused appears before the Magistrate.
What is the corresponding BNSS section?
Section 267 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 244 CrPC.
Can the Magistrate summon prosecution witnesses?
Yes. Under subsection (2), on an application by the prosecution, the Magistrate may summon witnesses to attend or produce documents or other things.
Is Section 244 applicable to a case based on a police report?
No. It specifically concerns warrant-cases instituted otherwise than on a police report. Different provisions govern police-report warrant-cases.
What follows the prosecution evidence stage?
The Magistrate considers discharge under Section 245 CrPC or the corresponding Section 268 BNSS, as applicable, before any subsequent framing of charge.
Official legal references
- India Code - official central legislation database (search for the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023).
- NCRB - Bharatiya Nagarik Suraksha Sanhita, 2023, chapter-wise text.
- BPR&D - BNSS reference publication (PDF).
- Government of India - Section 244 CrPC text.
This article provides general statutory information. The applicable procedural rules and any judicial directions must be checked for the particular case.