Sections 244, 245, 246 and 247 CrPC: Prosecution Evidence, Discharge, Charge and Defence

Sections 244 to 247 of the Code of Criminal Procedure, 1973 form part of the procedure for a warrant case instituted otherwise than on a police report. They regulate prosecution evidence before charge, discharge of the accused, framing of charge where the accused is not discharged, cross-examination of prosecution witnesses and the stage at which the accused enters upon the defence.

Law applicable before BNSS: This article explains the Code of Criminal Procedure, 1973 as applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force. It is intended for understanding proceedings governed by the earlier CrPC regime and should be read with applicable saving and transitional provisions where relevant.
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Scope of Sections 244 to 247 of the CrPC

These provisions apply to warrant cases instituted otherwise than on a police report. In practical terms, they govern the pre-charge and post-charge stages of a complaint-based warrant case before a Magistrate. The statutory sequence is important: prosecution evidence is ordinarily taken under Section 244; the Magistrate then considers discharge under Section 245; if the accused is not discharged, a charge may be framed under Section 246; and the accused later enters upon the defence under Section 247.

Section 244 CrPC - Evidence for prosecution

Definition and purpose: Section 244 deals with prosecution evidence in a warrant case instituted otherwise than on a police report. Once the accused appears or is brought before the Magistrate, the Magistrate proceeds to hear the prosecution and records the evidence produced in support of the prosecution case.

Under sub-section (2), the Magistrate may, on the prosecution's application, summon a witness to attend or require production of a document or other thing. This provision therefore supplies the evidentiary foundation on which the Magistrate may subsequently consider whether the accused should be discharged or a charge should be framed.

Key point: Section 244 is the prosecution-evidence stage in this class of warrant case and must be read together with Sections 245 and 246.

Section 245 CrPC - When accused shall be discharged

Discharge after prosecution evidence: Under Section 245(1), after taking the evidence referred to in Section 244, the Magistrate must discharge the accused if, for reasons recorded, no case has been made out which, if unrebutted, would warrant conviction.

Discharge at an earlier stage: Section 245(2) preserves the Magistrate's power to discharge the accused at a previous stage of the case where, for recorded reasons, the Magistrate considers the charge to be groundless.

West Bengal State Amendment to Section 245

The original page correctly records the West Bengal amendment inserting sub-section (3). Broadly, it provides for discharge where all evidence contemplated by Section 244 is not produced within four years from the accused's appearance, subject to the prosecution satisfying the Magistrate, on the evidence already produced and for special reasons, that discharge would not be in the interest of justice.

The State amendment should be applied only where it is territorially and legally applicable.

Section 246 CrPC - Procedure where accused is not discharged

Framing of charge: If, after the evidence has been taken or at a previous stage, the Magistrate is of the opinion that there is ground for presuming that the accused committed an offence triable under this Chapter, which the Magistrate is competent to try and can adequately punish, the Magistrate frames a written charge.

The charge is read and explained to the accused. The accused is asked whether he pleads guilty or has a defence. If the accused pleads guilty, the Magistrate records the plea and may convict on that plea in the exercise of judicial discretion.

If the accused does not plead guilty, claims trial, or is not convicted on the plea, Section 246 provides an opportunity to state whether prosecution witnesses already examined are to be cross-examined. Witnesses identified for that purpose are recalled for cross-examination and any re-examination. Evidence of remaining prosecution witnesses is then taken, followed by cross-examination and re-examination where applicable.

Meaning of "ground for presuming": At the charge stage the Magistrate is deciding whether the statutory threshold for proceeding to trial is met; the provision does not describe the final determination of guilt.

Section 247 CrPC - Evidence for defence

Definition and purpose: Section 247 governs the defence-evidence stage after the prosecution stages contemplated by the preceding provisions. The accused is called upon to enter upon the defence and produce evidence. Section 247 expressly makes the provisions of Section 243 CrPC applicable to this stage.

Procedure under Sections 244 to 247 CrPC in sequence

In a warrant case instituted otherwise than on a police report, the statutory scheme may be understood as follows: the prosecution first produces evidence under Section 244; the Magistrate considers whether discharge is required under Section 245; where discharge is not ordered and the statutory threshold is satisfied, a written charge is framed under Section 246; prosecution witnesses may be recalled for cross-examination and remaining prosecution evidence is completed; thereafter the accused enters upon the defence under Section 247.

Related CrPC provisions

For the immediately preceding procedure in warrant cases instituted on a police report, see Sections 238 to 241 CrPC and Sections 242 and 243 CrPC. For the conclusion of the Magistrate's trial, see Sections 248 to 250 CrPC.