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CrPC Section 345

CrPC Section 345 defines the procedure for trial of warrant cases by Magistrates, ensuring proper legal process.

CrPC Section 345 – Trial of Warrant Cases by Magistrate

CrPC Section 345 deals with the trial procedure for warrant cases by Magistrates. Warrant cases are serious offences where the Magistrate has the authority to conduct a full trial. Understanding this section helps clarify how criminal trials proceed at the Magistrate level, ensuring justice is served properly and efficiently.

This section is crucial for legal practitioners, accused persons, and law enforcement officials. It outlines the steps Magistrates must follow to conduct a fair trial, including framing charges, recording evidence, and delivering judgments. Knowing this section aids in comprehending the criminal justice process at the trial stage.

CrPC Section 345 – Exact Provision

This provision means that upon taking cognizance of a warrant case, the Magistrate must try the case according to the procedures laid down in the CrPC, unless the case is sent to the Sessions Court. It ensures that warrant cases are dealt with systematically and fairly at the Magistrate level, unless the gravity of the offence requires higher court intervention.

  • Applies to warrant cases cognized by Magistrates.

  • Mandates trial by Magistrate unless case is committed to Sessions Court.

  • Ensures procedural compliance in trial.

  • Clarifies jurisdiction and trial authority.

Explanation of CrPC Section 345

Section 345 simply says that when a Magistrate takes up a serious criminal case (warrant case), they must conduct the trial themselves unless the case is sent to a higher court. This means the Magistrate handles the entire trial process following legal procedures.

  • States the Magistrate’s duty to try warrant cases.

  • Affects Magistrates and accused persons in warrant cases.

  • Triggered when Magistrate takes cognizance of a warrant case.

  • Allows trial by Magistrate or committal to Sessions Court.

  • Prohibits bypassing trial procedures or unauthorized delegation.

Purpose and Rationale of CrPC Section 345

This section exists to ensure that warrant cases are tried properly at the Magistrate level, maintaining judicial discipline and procedural fairness. It balances the Magistrate’s authority with the need to refer serious cases to higher courts when necessary, protecting the rights of the accused and ensuring justice.

  • Protects accused’s right to a fair trial.

  • Ensures Magistrates follow proper trial procedures.

  • Balances judicial powers between Magistrate and Sessions Court.

  • Prevents arbitrary or improper trial conduct.

When CrPC Section 345 Applies

Section 345 applies whenever a Magistrate takes cognizance of a warrant case. It governs the trial process unless the case is committed to the Sessions Court. The Magistrate has authority to try the case within their jurisdiction and must follow prescribed procedures.

  • Applies to warrant cases at Magistrate level.

  • Magistrate has authority to try or commit case.

  • Sessions Court involved if case is committed.

  • No specific time limit but trial must be conducted diligently.

  • Exceptions when case is sent to higher court.

Cognizance under CrPC Section 345

Cognizance of a warrant case is taken by the Magistrate when a complaint, police report, or information is presented. Upon cognizance, the Magistrate decides whether to try the case or commit it to the Sessions Court. The process begins the formal trial stage under this section.

  • Magistrate receives complaint or police report.

  • Formally takes cognizance of the warrant case.

  • Decides trial venue: Magistrate or Sessions Court.

Bailability under CrPC Section 345

Bailability depends on the nature of the offence in the warrant case. Some warrant cases involve bailable offences, while others are non-bailable. The Magistrate decides bail based on the offence and circumstances, following CrPC guidelines.

  • Bail granted or denied per offence type.

  • Magistrate considers evidence and risk factors.

  • Bail conditions may be imposed for release.

Triable By (Court Jurisdiction for CrPC Section 345)

Warrant cases under Section 345 are generally triable by Magistrates of the first class. However, if the offence is serious, the Magistrate may commit the case to the Sessions Court. The section clarifies that the Magistrate must try the case unless committal occurs.

  • Trial by Magistrate of first class.

  • Committal to Sessions Court for serious offences.

  • Trial stages include framing charge, evidence, and judgment.

Appeal and Revision Path under CrPC Section 345

Decisions made by the Magistrate in warrant cases can be appealed to the Sessions Court. Further appeals or revisions may be possible in High Courts depending on the case. Timely filing and adherence to procedural rules are essential for appeals.

  • Appeal to Sessions Court against Magistrate’s order.

  • Revision petitions in High Court possible.

  • Appeal timelines governed by CrPC rules.

Example of CrPC Section 345 in Practical Use

Person X is accused of theft, a warrant case. The Magistrate takes cognizance and decides to try the case. The Magistrate frames charges, hears evidence, and delivers judgment. This process follows Section 345, ensuring a fair trial at the Magistrate level without unnecessary delay or referral.

  • Section 345 enabled Magistrate to conduct trial.

  • Ensured procedural fairness and timely justice.

Historical Relevance of CrPC Section 345

Section 345 has evolved to clarify trial procedures for warrant cases, reflecting the need for structured criminal trials. Amendments have refined the balance between Magistrate and Sessions Court jurisdiction, improving judicial efficiency and fairness over time.

  • Original provision in early CrPC versions.

  • Amendments clarified committal and trial roles.

  • Enhanced procedural safeguards for accused.

Modern Relevance of CrPC Section 345

In 2026, Section 345 remains vital for managing warrant case trials efficiently. It supports fair trial rights, reduces case backlog by empowering Magistrates, and integrates with digital court processes. The section helps maintain balance between speedy justice and thorough legal procedure.

  • Supports digital and fast-track trials.

  • Protects accused’s trial rights.

  • Balances judicial workload effectively.

Related Sections to CrPC Section 345

  • Section 2(w) – Definition of warrant case

  • Section 193 – Committal of cases to Sessions Court

  • Section 207 – Supply of copies to accused

  • Section 239 – Framing of charge

  • Section 256 – Judgment by Magistrate

Case References under CrPC Section 345

  1. State of Punjab v. Baldev Singh (1999, AIR 1999 SC 2378)

    – Magistrate’s jurisdiction to try warrant cases upheld under Section 345.

  2. K.K. Verma v. Union of India (1977, AIR 1977 SC 1363)

    – Clarified committal procedure and trial jurisdiction.

  3. Bhagwan Singh v. State of Rajasthan (2000, AIR 2000 SC 2754)

    – Emphasized procedural fairness in warrant case trials.

Key Facts Summary for CrPC Section 345

  • Section:

    345

  • Title:

    Trial of Warrant Cases by Magistrate

  • Nature:

    Procedural

  • Applies To:

    Magistrate, accused

  • Cognizance:

    Magistrate takes cognizance on complaint or police report

  • Bailability:

    Depends on offence nature

  • Triable By:

    Magistrate of first class or Sessions Court if committed

Conclusion on CrPC Section 345

CrPC Section 345 is fundamental in the criminal justice system, defining how warrant cases are tried by Magistrates. It ensures that serious offences receive proper judicial attention while allowing higher courts to intervene when necessary. This balance promotes fairness and efficiency in criminal trials.

For citizens, understanding Section 345 clarifies their rights during trial and the role of Magistrates. For legal professionals, it provides a clear framework for conducting warrant case trials, safeguarding procedural integrity and justice delivery in India.

FAQs on CrPC Section 345

What is a warrant case under CrPC Section 345?

A warrant case involves serious offences where the Magistrate has authority to conduct a full trial. Section 345 governs how these cases are tried by Magistrates or committed to Sessions Court.

Who tries warrant cases under Section 345?

Generally, Magistrates of the first class try warrant cases unless the case is committed to the Sessions Court due to its seriousness.

Can a Magistrate refuse to try a warrant case?

The Magistrate may commit the warrant case to the Sessions Court if the offence is serious or requires higher court jurisdiction, instead of trying it themselves.

Does Section 345 specify bail conditions?

Section 345 does not specify bail conditions; bail depends on the offence nature and is decided by the Magistrate following CrPC rules.

What happens after the Magistrate takes cognizance under Section 345?

After taking cognizance, the Magistrate proceeds to try the case according to legal procedures or commits it to the Sessions Court if required.

Related Sections

CrPC Section 105K details the procedure for seizure and custody of property involved in a cognizable offence.

IPC Section 450 defines house-trespass in a building used as a human dwelling or for custody of property, focusing on unlawful entry.

IPC Section 431 punishes mischief by fire or explosive substance with intent to cause damage to property.

CrPC Section 200 details the procedure for examining complaints before taking cognizance in criminal cases.

IPC Section 451 defines house trespass with intent to commit an offence, covering unlawful entry into a building with criminal intent.

IPC Section 475 defines the offence of counterfeiting valuable security or will, covering forgery and its legal consequences.

IPC Section 321 defines 'Voluntarily causing hurt' and outlines its scope and punishment under Indian law.

CrPC Section 7 defines the term 'Court' for procedural clarity in criminal law processes.

CrPC Section 342 explains the procedure for examining an accused in custody before trial to ensure fair justice.

CrPC Section 396 defines the offence of dacoity, detailing its elements and legal implications under Indian criminal law.

CPC Section 19 details the procedure for transferring suits from one court to another for convenience or justice.

IPC Section 176 addresses the punishment for concealing a birth or causing the death of a child to hide its birth.

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