Chapter XIX
Section 244 CrPC: Evidence for prosecution
New Law Update (2024)
Section 265 BNSS
TRIAL COURT
Magistrate's Court
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) When, in any warrant-case instituted otherwise than on a police report the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.
(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.
Important Sub-Sections Explained
Section 244(1)
This sub-section mandates that when an accused appears in a warrant case initiated by a private complaint (not a police report), the Magistrate must hear the prosecution and record all evidence presented by them.
Section 244(2)
This sub-section empowers the Magistrate to issue summons to prosecution witnesses, upon application, directing them to attend court or produce any relevant documents or other things, facilitating the presentation of evidence.
Landmark Judgements
Rosy v. State of Kerala (2000):
The Supreme Court clarified that the Magistrate’s power under Section 244(2) CrPC to summon witnesses is discretionary, not mandatory. This discretion must be exercised judiciously, ensuring that the application for summoning is not vexatious or intended to delay the proceedings.
D. Ramakrishna Rao vs. State of Karnataka (2012):
The Karnataka High Court underscored the mandatory duty of the Magistrate under Section 244(1) CrPC. It held that in a warrant case initiated by a private complaint, the Magistrate is legally bound to hear the prosecution and record all evidence presented in support of the prosecution before proceeding to the next stages of trial.
Draft Format / Application
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS AT [City/District]
Criminal Complaint No. [Number] of [Year]
IN THE MATTER OF:
[Complainant Name]
… Complainant
VERSUS
[Accused Name(s)]
… Accused
APPLICATION UNDER SECTION 244(2) OF THE CODE OF CRIMINAL PROCEDURE, 1973
FOR ISSUANCE OF SUMMONS TO PROSECUTION WITNESSES
MOST RESPECTFULLY SHOWETH:
1. That the above-mentioned criminal complaint is pending before this Hon’ble Court for adjudication.
2. That the prosecution, in order to prove its case against the accused, deems it necessary to examine the following witnesses and/or require the production of certain documents/things by them.
3. That the list of witnesses along with their addresses, and the documents/things sought to be produced, are annexed hereto as Annexure ‘A’.
4. That the testimony of these witnesses and the production of the aforesaid documents/things are crucial and essential for the just decision of the case and to establish the guilt of the accused.
5. That the prosecution undertakes to bear the expenses for summoning the said witnesses.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to issue summons to the witnesses listed in Annexure ‘A’ to attend this Hon’ble Court and/or produce the documents/things specified therein, on a date fixed by this Hon’ble Court.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL EVER PRAY.
Date: [Date]
Place: [Place]
(Signature of Complainant/Counsel for Complainant)
[Name of Complainant/Counsel]
ANNEXURE ‘A’
LIST OF PROSECUTION WITNESSES TO BE SUMMONED:
1. Name: [Witness 1 Name]
Address: [Witness 1 Address]
Purpose: To depose on [brief purpose] / To produce [document/thing if any]
2. Name: [Witness 2 Name]
Address: [Witness 2 Address]
Purpose: To depose on [brief purpose] / To produce [document/thing if any]
[Add more as required]