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

Explanation using Example

Example 1:

Scenario: Rajesh is accused of committing a minor theft, which is a summons-case because the punishment is less than six months of imprisonment. During the trial, new evidence surfaces indicating that Rajesh might be involved in a larger theft ring, which could lead to a more severe punishment exceeding six months.

Application of Section 259: The Magistrate, upon realizing the gravity of the new evidence and in the interest of justice, decides that the case should be tried as a warrant-case. The Magistrate then converts the summons-case into a warrant-case, re-hears the case following the procedure for warrant-cases, and re-calls any witnesses who had already been examined.

Example 2:

Scenario: Priya is being tried for a minor assault case, which is initially categorized as a summons-case since the maximum punishment is six months. During the trial, it is revealed that the assault was part of a larger conspiracy involving multiple individuals and more severe criminal activities.

Application of Section 259: The Magistrate determines that the complexity and seriousness of the case warrant a more thorough procedure. Therefore, the Magistrate converts the summons-case into a warrant-case to ensure a fair trial. The case is then re-heard under the warrant-case procedure, and all previously examined witnesses are re-called to testify again.