According to the Section 241A of the Cr PC , when an accused is appears before the court of magistrate,the magistrate shall examine records of the case which were submitted before him.These records or documents are FIR,Charge sheet,statements of 164 and 161 etc.
If the magistrate thinks that the charge is groundless ofter giving opportunity of hearing to the prosecution and the accused he may discharge the accused.
If the magistrate thinks there is a ground for presuming that the accused has commuted an offence then he shall frame a formal charge of the offence and the accused shall be asked weather he has committed that offence or not.( Section 242)
If the accused admits that he has commuted the offence which he is charged then the magistrate shall ask him why he should not be convicted.After that the magistrate may convict the accused accordingly.( Section 243)
If the magistrate does not convict the accused and the accused does not make any admission then the magistrate shall proceed to hear the complainant and witness of prosecution.( section 244)
After hearing of the complainant,witnesses and examining the accused the magistrate shall fix a date for judgment.On that day the court of magistrate shall deliver the judgement.Judgment may be either acquittal if the accused finds innocent in section 245(1) or sentence if he finds guilty in section 245(2) click for more
If the magistrate thinks that the charge is groundless ofter giving opportunity of hearing to the prosecution and the accused he may discharge the accused.
 |
| Law school online |
If the magistrate thinks there is a ground for presuming that the accused has commuted an offence then he shall frame a formal charge of the offence and the accused shall be asked weather he has committed that offence or not.( Section 242)
If the accused admits that he has commuted the offence which he is charged then the magistrate shall ask him why he should not be convicted.After that the magistrate may convict the accused accordingly.( Section 243)
If the magistrate does not convict the accused and the accused does not make any admission then the magistrate shall proceed to hear the complainant and witness of prosecution.( section 244)
After hearing of the complainant,witnesses and examining the accused the magistrate shall fix a date for judgment.On that day the court of magistrate shall deliver the judgement.Judgment may be either acquittal if the accused finds innocent in section 245(1) or sentence if he finds guilty in section 245(2) click for more
No comments:
Post a Comment