Code of Criminal Procedure, 1973 · 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The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
If, during a summons-case for an offence punishable with more than six months' imprisonment, the Magistrate thinks it should be tried as a warrant-case in the interests of justice, they can rehear it under warrant-case procedure and recall witnesses.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 259
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Bharti Arora v. The State of Haryana
Whether the Special Judge could have conducted the proceedings against the present appellant for the offence punishable u/s.58 of the Narcotic Drugs and Psychotropic Substances Act, 1985; whether the Special Judge was…
- Ram Bharose v. Vikram Dutt
- Prakash Vasant Ajgaonkar & Ors v. The State NCT of Delhi & Anr
- Prakash Vasant Ajgaonkar & Ors v. The State NCT of Delhi & Anr
- Prakash Vasant Ajgaonkar & Ors v. The State NCT of Delhi & Anr
- Prakash Vasant Ajgaonkar & Ors v. The State NCT of Delhi & Anr
- Prakash Vasant Ajgaonkar & Ors v. The State NCT of Delhi & Anr
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Rakesh Ranjan Shrivastava v. The State of Jharkhand & Anr.
Whether the provision of sub-section (1) of s.143A, Negotiable Instruments Act, 1881, which provides for the grant of interim compensation, is directory or mandatory. If it is held to be a directory provision, what are…