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Report No. 154

Issue No. 9-Conversion of Some Warrant Cases into Summons and Cases to be Tried Summarily

Views of Judges

Two Judges have replied in the affirmative, whereas according to another five no change is proposed because it is already being done by the Magistrate as and when such situation arises. Five Judges have not responded to the same. One/two are of the view that there should be only one procedure. Twenty-one judicial officers have supported the proposal of the Law Commission.

However, some of them want only one procedure "warrant procedure"; some of them wish to change the definition of "warrant case", a few officers want that offences punishable with imprisonment for a period less than 3 years be tried in summary manner. Eight officers want no change and Fourteen have not expressed their views. The Institute of Judicial Training & Research (U.P.) Lucknow has supported the proposal.

Views of Advocates/Government Pleaders/Bar Associations

Five Advocates have supported the proposal by the Law Commission. One of them is of the opinion that all the summons cases should be tried summarily so that warrant procedure be applicable only in warrant cases. And the definition of warrant cases be amended as proposed by the Law Commission. Four Advocates did not comment. Two are of the view that the existing procedure is good but observed that provisions for summary trial should be abolished. The Madras Bar Association has responded in the negative.

Views of Police Officers

Shri H.J. Dora, I.P.S. and Shri Anjaneya Reddy has responded in the affirmative and other two police officers have not responded.

Views of Academicians

Dr. K.N. Chandrasekharan Pillai does not wish to support the suggestion for conversion of warrant cases into summons and Professor B.B. Pande and Professor A.K. Saxena have not expressed their views on this issue, however, Professor H.C. Dholakia has responded in the affirmative.

Views of the State Law Commissions

Only the Himachal Pradesh Law Commission has responded to the issue. It has opined that the trial of all the criminal offences except murder and rape, should be simple and be tried as summons cases unless Magistrate thinks it fit to try a particular case as a warrant case.

Views of the State Governments

The Government of Gujarat has responded in the negative by saying "no procedure should be different for warrant and summons cases".

The Code of Criminal Procedure, 1973 Back

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