Code of Criminal Procedure, 1973 · Chapter XIX: Trial of Warrant-Cases by Magistrates · B.–Cases instituted otherwise than on police report
Section 244: Evidence for prosecution
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 244
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Vishnu Kumar Shukla & Anr. v. The State of Uttar
Whether the order passed by the High Court refusing to discharge the accused in a criminal case and quashi ng an FIR calls for interference.
- State of Goa v. Jose Maria Albert Vales @ Robert Vales
- Justice Ripusudan Dayal (Retd ) & Ors. v. State of M.P. & Ors.
- Hardeep Singh v. State of Punjab & Ors.
- Sunil Mehta & Anr. v. State of Gujarat & Anr.
- Harinarayan G. Bajaj v. State of Maharashtra & Ors.
- Ajoy Kumar Ghose v. State of Jharkhand & Anr.
- Sayeeda Farhana Shamim v. State of Bihar & Anr.
- S.K. Alagh v. State of U.P. & Ors.
- State of Bihar v. Baidnath Prasad@ Baidyanath Shah and Anr.
- Santosh De and Another v. Archna Guha and Ors.