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    244, 245, 246, 247 CRPC - When Accused Shall Be Discharged Procedure Where Accused Is Not Discharged

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    When accused shall be discharged Procedure

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    244, 245, 246, 247 CRPC - When Accused Shall Be Discharged Procedure Where Accused Is Not Discharged

    Uploaded by

    Ashu Wini
    29 views3 pages
    When accused shall be discharged Procedure

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    244, 245, 246, 247 CRPC _When accused shall be discharged Procedure where accused is not discharged

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    When accused shall be discharged Procedure

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    Download as pdf or txt
    29 views3 pages

    244, 245, 246, 247 CRPC - When Accused Shall Be Discharged Procedure Where Accused Is Not Discharged

    Uploaded by

    Ashu Wini
    When accused shall be discharged Procedure

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    8/10/24, 6:57 PM 244, 245, 246, 247 CRPC |Evidence for prosecution When accused shall be discharged Procedure

    rocedure where accused is not disch…

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    What is Evidence for prosecution?


    When accused shall be
    discharged? What is the procedure
    when Procedure where accused is
    not discharged? What is Evidence
    for Defence? Section 244, 245, 246
    and 247 of Code of Criminal
    Procedure 1973 TRIAL BEFORE A COURT OF
    SESSION
    Evidence for prosecution, When accused shall
    be discharged, Procedure where accused is not What is Trial to be conducted by Public
    discharged and evidence for defence are Prosecutor? What is Opening case for
    defined under Section 244, 245, 246 and 247 of
    prosecution? What is Discharge? What
    CRPC 1973. Provisions under this section is:
    is Framing of charge? Section
    225,226,227 and 228 of Code of
    Criminal Procedure 1973
    Section 244 of CRPC "Evidence for prosecution"
    What is Conviction on plea of guilty,
    (1) When, in any warrant-case instituted otherwise than on a police
    Date for prosecution, What is evidence,
    report, the accused appears or is brought before a Magistrate, the
    What is Evidence for prosecution?
    Magistrate shall proceed to hear the prosecution and take all such
    What is Acquittal? Section 229,230,231
    evidence as may be produced in support of the prosecution.
    and 232 of Code of Criminal Procedure
    1973
    (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.

    Section 245 of CRPC "When accused shall be discharged"

    (1) If, upon taking all the evidence referred to in section 244, the What is Entering upon defence? What
    Magistrate considers, for reasons to be recorded, that no case is Arguments in Criminal Case? What is

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    8/10/24, 6:57 PM 244, 245, 246, 247 CRPC |Evidence for prosecution When accused shall be discharged Procedure where accused is not disch…

    against the accused has been made out which, if unrebutted, would Judgment of acquittal of conviction?
    warrant his conviction, the Magistrate shall discharge him. What is the effect of Previous

    conviction? Section 233, 234, 235 and


    (2) Nothing in this section shall be deemed to prevent a Magistrate
    236 of Code of Criminal Procedure
    from discharging the accused at any previous stage of the case if,
    1973
    for reasons to be recorded by such Magistrate, he considers the
    charge to be groundless. What is Procedure in cases instituted
    under section 199(2)? Section 237 of
    STATE AMENDMENT
    Code of Criminal Procedure 1973
    West Bengal
    In section 245 of the principal Act, after sub-section (2), the
    Discover related topics
    following sub-section shall be inserted: -
    Section 440 Crpc
    "(3) If all the evidence referred to in section 244 are not produced

    in support of the prosecution within four years from the date of Section 443 Crpc
    appearance of the accused, the Magistrate shall discharge the

    accused unless the prosecution satisfies the Magistrate that upon Judgement Under Crpc
    the evidence already produced and for special reasons there is
    Section 309 Crpc Petition Format
    ground for presuming that it shall not be in the interest of justice to
    discharge the accused."
    Section 439 Crpc

    [Vide West Bengal Act 24 of 1988, s. 5.]


    What is Compliance with section 207?
    Section 246 of CRPC "Procedure where accused is not
    When accused shall be discharged?
    discharged"
    What is Framing of charge? What is
    (1) If, when such evidence has been taken, or at any previous
    Conviction on plea of guilty? Section
    stage of the case, the Magistrate is of opinion that there is ground
    238, 239, 240 and 241 of Code of
    for presuming that the accused has committed an offence triable
    Criminal Procedure 1973
    under this Chapter, which such Magistrate is competent to try and
    which, in his opinion, could be adequately punished by him, he What is Evidence for prosecution?

    shall frame in writing a charge against the accused. What is Evidence for defence? Section

    (2) The charge shall then be read and explained to the accused, 242 and 243 of Code of Criminal

    and he shall be asked whether he pleads guilty or has any defence Procedure 1973

    to make.
    Cases instituted otherwise than on

    police report
    (3) If the accused pleads guilty, the Magistrate shall record the
    plea, and may, in his discretion, convict him thereon. What is Evidence for prosecution?
    When accused shall be discharged?

    (4) If the accused refuses to plead, or does not plead or claims to What is the procedure when Procedure

    be tried or if the accused is not convicted under sub-section (3), he where accused is not discharged? What

    shall be required to state, at the commencement of the next is Evidence for Defence? Section 244,

    hearing of the case, or, if the Magistrate for reasons to be recorded 245, 246 and 247 of Code of Criminal

    in writing so thinks fit, forthwith, whether he wishes to cross- Procedure 1973

    examine any, and, if so, which, of the witnesses for the prosecution
    Conclusion of trial
    whose evidence has been taken.
    What is Acquittal or conviction? What is

    (5) If he says he does so wish, the witnesses named by him shall Absence of complainant? What is

    be recalled and, after cross-examination and re-examination (if Compensation for accusation without

    https://www.aaptaxlaw.com/CRPC/section-244-245-246-247-crpc-evidence-for-prosecution-when-accused-shall-be-discharged-procedure-accuse… 2/3
    8/10/24, 6:57 PM 244, 245, 246, 247 CRPC |Evidence for prosecution When accused shall be discharged Procedure where accused is not disch…

    any), they shall be discharged. reasonable cause? Section 248, 249


    and 250 of Code of Criminal Procedure
    (6) The evidence of any remaining witnesses for the prosecution 1973
    shall next be taken, and after cross-examination and re-
    examination (if any), they shall also be discharged.

    Section 247 of CRPC "Evidence for defence"

    The accused shall then be called upon to enter upon his defence
    and produce his evidence; and the provisions of section 243 shall
    apply to the case.

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