TRIAL OF WARRANT CASES BY MAGISTRATES – CASES INSTITUTED ON POLICE REPORT. Section 238 of criminal procedure code, the statute, deals with compliance with section 207. When in any warrant case instituted on a police report, the accused appears or is brought before a magistrate at the commencement of the trial, the magistrate shall satisfy himself that he has complied with the provisions of section 207. Section 239. When accused shall be discharged. If upon considering the police report and the documents sent with it under section 173 and making such examination if any, of the accused as the magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing. Section 240. Framing of charge. 1) If upon such consideration, examination, if any, and hearing, the magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this chapter, which such magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. 2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried. Section 241. Conviction on plea of guilty. If the accused plead guilty, the magistrate shall record the plea, and may, in his discretion, convict him thereon. Section 242. Evidence for prosecution. 1) If the accused refuses to plead or does not plead, or claims to be tried or the magistrate does not convict the accused under section 241, the magistrate shall fix a date for examination of witnesses. (provided that the magistrate shall supply in advance to the accused, the statement of witnesses recorded during the investigation by the police.) 2) The magistrate may, on the application of the prosecution, issue a summon to any one of the witnesses directing him to attend or to produce any document or other thing. 3) On the date so fixed, the magistrate shall proceed to take all such evidence as may be produced in support of the prosecution. Provided that the magistrate may permit the cross examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross examination. Section 243. Evidence for defence. 1) The accused shall then be called upon to enter upon his defence and produce his evidence, and if the accused puts in any written statement, the magistrate shall file it with the records. 2) If the accused, after he has entered upon his criminal procedure code

TRIAL OF WARRANT CASES BY MAGISTRATES – CASES INSTITUTED ON POLICE REPORT. Section 238 of criminal procedure code, the statute, deals with compliance with section 207. When in any warrant case instituted on a police report, the accused appears or is brought before a magistrate at the commencement of the trial, the magistrate shall satisfy himself that he has complied with the provisions of section 207. Section 239. When accused shall be discharged. If upon considering the police report and the documents sent with it under section 173 and making such examination if any, of the accused as the magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing. Section 240. Framing of charge. 1) If upon such consideration, examination, if any, and hearing, the magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this chapter, which such magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. 2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried. Section 241. Conviction on plea of guilty. If the accused plead guilty, the magistrate shall record the plea, and may, in his discretion, convict him thereon. Section 242. Evidence for prosecution. 1) If the accused refuses to plead or does not plead, or claims to be tried or the magistrate does not convict the accused under section 241, the magistrate shall fix a date for examination of witnesses. (provided that the magistrate shall supply in advance to the accused, the statement of witnesses recorded during the investigation by the police.) 2) The magistrate may, on the application of the prosecution, issue a summon to any one of the witnesses directing him to attend or to produce any document or other thing. 3) On the date so fixed, the magistrate shall proceed to take all such evidence as may be produced in support of the prosecution. Provided that the magistrate may permit the cross examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross examination. Section 243. Evidence for defence. 1) The accused shall then be called upon to enter upon his defence and produce his evidence, and if the accused puts in any written statement, the magistrate shall file it with the records. 2) If the accused, after he has entered upon his

what does law says May 07, 2020

TRIAL OF WARRANT CASES BY MAGISTRATES – CASES INSTITUTED ON POLICE REPORT. Section 238 of crimi…

Read more
PREVENTIVE ACTION OF POLICE criminal procedure code

PREVENTIVE ACTION OF POLICE

what does law says May 05, 2020

PREVENTIVE ACTION OF POLICE Chapter 11 of criminal procedure code, the statute, deals with pre…

Read more
POWER OF THE DEPUTY SPEAKER OR OTHER PERSON TO PERFORM THE DUTIES OF THE OFFICE OF OR TO ACT AS SPEAKER IN LEGISLATURE IN CONSTITUTION constitution of india

POWER OF THE DEPUTY SPEAKER OR OTHER PERSON TO PERFORM THE DUTIES OF THE OFFICE OF OR TO ACT AS SPEAKER IN LEGISLATURE IN CONSTITUTION

what does law says May 04, 2020

POWER OF THE DEPUTY SPEAKER OR OTHER PERSON TO PERFORM THE DUTIES OF THE OFFICE OF OR TO ACT AS …

Read more
SPEAKER AND DEPUTY SPEAKER OF LEGISLATIVE ASSEMBLY IN CONSTITUTION constitution of india

SPEAKER AND DEPUTY SPEAKER OF LEGISLATIVE ASSEMBLY IN CONSTITUTION

what does law says May 02, 2020

SPEAKER AND DEPUTY SPEAKER OF LEGISLATIVE ASSEMBLY IN CONSTITUTION The rules and regulations s…

Read more
RIGHTS OF MINISTERS AND ADVOCATE-GENERAL AS RESPECTS THE HOUSE OR HOUSES OF LEGISLATURE IN CONSTITUTION constitution of india

RIGHTS OF MINISTERS AND ADVOCATE-GENERAL AS RESPECTS THE HOUSE OR HOUSES OF LEGISLATURE IN CONSTITUTION

what does law says May 01, 2020

RIGHTS OF MINISTERS AND ADVOCATE-GENERAL AS RESPECTS THE HOUSE OR HOUSES OF LEGISLATURE IN CONS…

Read more
SPECIAL ADDRESS BY THE GOVERNOR TO THE HOUSE OR HOUSES OF LEGISLATURE IN CONSTITUTION constitution of india

SPECIAL ADDRESS BY THE GOVERNOR TO THE HOUSE OR HOUSES OF LEGISLATURE IN CONSTITUTION

what does law says April 30, 2020

SPECIAL ADDRESS BY THE GOVERNOR TO THE HOUSE OR HOUSES OF LEGISLATURE IN CONSTITUTION The ru…

Read more
RIGHT OF GOVERNOR TO ADDRESS AND SEND MESSAGES TO THE HOUSE OR HOUSES OF LEGISLATURE IN CONSTITUTION constitution of india

RIGHT OF GOVERNOR TO ADDRESS AND SEND MESSAGES TO THE HOUSE OR HOUSES OF LEGISLATURE IN CONSTITUTION

what does law says April 29, 2020

RIGHT OF GOVERNOR TO ADDRESS AND SEND MESSAGES TO THE HOUSE OR HOUSES OF LEGISLATURE IN CONSTI…

Read more