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CHAPTER XX TRIAL OF SUMMONS-CASES BY MAGISTRATES

Section 259: Power of Court to convert summons-cases into warrant-cases

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

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.

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

259. Power of Court to convert summons-cases into warrant-cases.BNSS 282

Questions on this section

1 question in 5 of our papers cite Section 259. Try these from the free papers:

  1. 1. Under Section 282 of the BNSS, a Magistrate may, in the interests of justice, re-hear a summons-case by the procedure for warrant-cases when the summons-case relates to an offence punishable with imprisonment for a term exceeding:

Practise questions on Criminal Law