Indian criminal procedure | Updated 18 October 2026
Section 259 CrPC: Power to Convert a Summons-Case into a Warrant-Case
Section 259 of the Code of Criminal Procedure, 1973 empowered a Magistrate to adopt warrant-case trial procedure in certain summons-cases when the interests of justice required it. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 282.
Section 259 CrPC - Original statutory provision
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 re-call any witness who may have been examined.
Under this provision, the Magistrate may change the procedure followed in an eligible summons-case. The power is discretionary and is exercised to secure a fair trial, not to determine guilt or to alter the offence charged.
Section 282 BNSS - Corresponding law in force
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 Sanhita for the trial of warrant-cases and may recall any witness who may have been examined.
The substantive conditions remain essentially the same. The updated wording refers to trial procedure under the BNSS instead of the CrPC. The official BNSS text on India Code contains Section 282.
When can a summons-case be converted?
1. The matter must be a summons-case
The Magistrate must already be trying the matter as a summons-case. Under criminal procedure, a summons-case is generally a case relating to an offence that is not a warrant-case. A warrant-case is one relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years. These classifications should not be confused with the mere issuance of a summons or an arrest warrant.
2. Punishment must exceed six months
Section 259 CrPC and Section 282 BNSS require that the offence be punishable with imprisonment for a term exceeding six months. An offence punishable with a maximum of six months or less does not satisfy this specific statutory condition.
3. Interests of justice must justify the change
The Magistrate must form the view, during the trial, that warrant-case procedure is appropriate in the interests of justice. This may involve the need for a more detailed trial process, depending on the circumstances. Conversion is not automatic merely because the maximum punishment exceeds six months.
4. Rehearing and witness recall are permitted
The Magistrate may proceed to re-hear the case in accordance with warrant-case procedure and may recall witnesses already examined. The opportunity to test evidence remains subject to the applicable procedural law and judicial directions.
Procedure and practical implications
- Assess the case: The Magistrate considers whether the offence meets the punishment threshold and whether a warrant-case trial is justified.
- Adopt warrant-case procedure: The matter proceeds to be re-heard in the manner prescribed for warrant-cases under the applicable Code.
- Recall witnesses where needed: Previously examined witnesses may be called again so their evidence can be considered within the revised trial process.
- Continue trial according to law: The prosecution and accused retain the procedural protections available in a warrant-case trial. A final determination follows the evidence and applicable legal standards.
Section 259 is distinct from Section 258 CrPC (power to stop proceedings). Conversion does not itself terminate the prosecution, discharge the accused or constitute an acquittal.
CrPC Section 259 and BNSS Section 282: key points
- Nature of power: Judicial discretion to change the trial procedure.
- Threshold: Offence punishable with imprisonment exceeding six months.
- Timing: During the trial of a summons-case.
- Effect: Rehearing under warrant-case procedure, with power to recall witnesses.
- Current counterpart: Section 282 BNSS; savings and transitional rules are addressed by Section 531 BNSS.
Frequently asked questions
What is Section 259 CrPC?
Section 259 of the Code of Criminal Procedure, 1973 permits a Magistrate, in the interests of justice, to convert an eligible summons-case into a warrant-case and re-hear it under warrant-case procedure.
Which BNSS section corresponds to Section 259 CrPC?
Section 282 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It retains substantially the same rule.
Can every summons-case be converted into a warrant-case?
No. The offence must be punishable with imprisonment for a term exceeding six months, and the Magistrate must consider warrant-case procedure appropriate in the interests of justice.
Does conversion mean that the accused is guilty?
No. Conversion changes the mode of trial; it is not a finding of guilt and does not itself result in conviction.
Can witnesses already examined be recalled?
Yes. Section 259 CrPC and Section 282 BNSS expressly permit recall of witnesses who have already been examined.
Does Section 259 CrPC still apply after 1 July 2024?
The BNSS replaced the CrPC from 1 July 2024. Section 531 BNSS contains savings for specified pending proceedings; applicability depends on the facts and procedural posture of the case.
Official legal sources
- Code of Criminal Procedure, 1973 - official India Code PDF (see Section 259).
- Bharatiya Nagarik Suraksha Sanhita, 2023 - official India Code PDF (see Sections 282 and 531).
- NCRB: BNSS and CrPC section correspondence table.
This article explains the statutory framework for general information. Its application to an individual case depends on the relevant offence, trial stage, applicable savings provisions and judicial orders.