Section 259 CrPC: Power of Court to convert summons-cases into warrant-cases

Code of Criminal Procedure, 1973

Section 259 CrPC at a Glance

Section 259 CrPC deals with power of Court to convert summons-cases into warrant-cases. From 1 July 2024 it is replaced by Section 282 BNSS.

Now BNSS

Section 282 →

What Section 259 CrPC Says

259. 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 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.

Source: Section 259, Code of Criminal Procedure, 1973

Section 259 CrPC in Simple Words

Section 259 of the Code of Criminal Procedure, 1973 deals with the power of the 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 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.

When Section 259 CrPC Applies

  • Section 259 CrPC applies when, in the course of the trial of a summons-case, it appears to the Magistrate that the offence should be tried in accordance with the procedure for the trial of warrant-cases.
  • Section 259 CrPC applies to a summons-case relating to an offence punishable with imprisonment for a term exceeding six months.
  • Section 259 CrPC applies when 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.
  • In that case the Magistrate may proceed to re-hear the case in the manner provided by the Code for the trial of warrant-cases.
  • The Magistrate may also re-call any witness who may have been examined.

Example of Section 259 CrPC

Ramesh is on trial before a Magistrate in a summons-case relating to an offence punishable with imprisonment for a term exceeding six months. Priya has been examined as a witness. In the course of the trial, 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. Under Section 259 CrPC, the Magistrate may proceed to re-hear the case against Ramesh in the manner provided by the Code for the trial of warrant-cases and may re-call Priya.

When Section 259 CrPC Does Not Apply

  • Section 259 CrPC speaks of converting a summons-case into a warrant-case. It does not deal with the power to stop proceedings in certain cases, which is the subject of Section 258 CrPC.
  • Section 259 CrPC speaks of re-hearing a case in the manner provided for the trial of warrant-cases. It does not deal with the power to try summarily, which is the subject of Section 260 CrPC.

Section 259 CrPC Under BNSS 282: What Changed

Section 259 CrPC is now covered under Section 282 BNSS.

From 1 July 2024, Section 259 of the Code of Criminal Procedure, 1973 is replaced by Section 282 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading is the same. Section 282 BNSS reads the manner provided by this Sanhita for the trial of warrant-cases where Section 259 CrPC read the manner provided by this Code for the trial of warrant-cases. The rest of the text is the same.

View detailed comparison (CrPC 259 vs BNSS 282) →

FAQs on Section 259 CrPC

When may a Magistrate re-hear a summons-case as a warrant-case under Section 259 CrPC?▼

Under Section 259 CrPC, 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, the Magistrate may proceed to re-hear the case in the manner provided by the Code for the trial of warrant-cases.

Which summons-cases are covered by Section 259 CrPC?▼

Section 259 CrPC covers a summons-case relating to an offence punishable with imprisonment for a term exceeding six months.

Can the Magistrate re-call a witness under Section 259 CrPC?▼

Yes. Under Section 259 CrPC, the Magistrate may re-call any witness who may have been examined, when proceeding to re-hear the case in the manner provided by the Code for the trial of warrant-cases.

Where is Section 259 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

From 1 July 2024, the Code of Criminal Procedure, 1973 is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 259 CrPC has no sub-sections, and maps as a whole to Section 282 BNSS, which has the same heading, Power of Court to convert summons-cases into warrant-cases.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·