Power of Court to convert summons-cases into warrant-cases
Section 259 of the Code of Criminal Procedure, 1973 deals with power of Court to convert summons-cases into warrant-cases. 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 Magis The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 recall an witness who may have been examined.
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Section 259, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 282 Power of Court to convert summons-cases into warrant-cases Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Rashida Kamaluddin Syed vs Shaikh Saheblal Maradn (d) Th. Lrs.
Court's Decision & Legal Precedent
Upon the death of a complainant in a criminal case, the proceedings do not abate. The Code of Criminal Procedure does not expressly provide for abatement of inquiries and trials upon death of a complainant. Legal heirs of a deceased complainant can be validly permitted by the court to continue the criminal prosecution against the accused under Section 302 of the Code of Criminal Procedure (corresponding to Section 495 of the old Code). This principle applies to all criminal cases based on the scheme of the Code and is not limited to cases triable by the Court of Session or cases involving any particular level of offence. Once such permission is granted by the court and is not challenged by the accused, it attains finality and cannot be subsequently challenged as illegal or unlawful.
On this section: Discharge on complainant's absence in warrant cases - Distinguished as not applicable to committal inquiries
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 259
What have the courts held on Section 259 of the Code of Criminal Procedure?
Rashida Kamaluddin Syed vs Shaikh Saheblal Maradn (d) Th. Lrs. (02 Mar 2007) is the leading judgment on this section among those set out below: Discharge on complainant's absence in warrant cases - Distinguished as not applicable to committal inquiries.
How do I find court cases under Section 259 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 259, section 259 CRPC, section 259 of the Code of Criminal Procedure. People searching for it also type 259 crpc in bnss and 259a crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Rashida Kamaluddin Syed vs Shaikh Saheblal Maradn (d) Th. Lrs. (02 Mar 2007).
What should I read with Section 259 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 282 (Power of Court to convert summons-cases into warrant-cases), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 259 of the Code of Criminal Procedure come into force?
Section 259 of the Code of Criminal Procedure, cited as CRPC 259, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.