When a Magistrate taking cognizance of an offence is of opinion that there is sufficient ground for proceeding, he must, having regard to the provisions of Section 204 of the Code, decide whether a summons or a warrant should issue in the first instance for the attendance of the accused.Note 1. - Sections 202 and 203 of the Code do not contemplate a magistrate's calling upon an accused person to show cause why process should not be issued against him. Such procedure is inconsistent with the scheme of the Code and is improper and irregular. The Magistrate should not make an accused person a party to the proceedings before he has decided to issue and does issue process against him.Note 2. - Great care should be taken not to issue a warrant when a summons would be sufficient for the ends of justice. Magistrate should remember that the issue of a warrant involves interference with the personal liberty of a person and they should take care to see that no greater hardship is caused than is necessary.Note 3. - Under Section 76 of the Code a Court has the discretion to make the warrant bailable and the discretion should be exercised with due regard to the nature of the offence, the position of the accused and the circumstances of the case.Procedure in Trials
