Substance of accusation to be stated
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Summary
In a summons-case the Magistrate must tell the accused the particulars of the offence and ask whether the accused pleads guilty or has any defence; it is not necessary to frame a formal charge. If the Magistrate considers the accusation groundless, he must record reasons in writing and release the accused. That release operates as a discharge.
Example
Priya accuses Rohan of a minor offence and Rohan is summoned to appear before the Magistrate. The Magistrate tells Rohan the particulars and asks if he pleads guilty or has a defence, without framing a formal charge. If the Magistrate finds the allegation groundless, she records reasons in writing and releases Rohan, which amounts to a discharge.
Bare Act
Enacted textWhen in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge:
Provided that if the Magistrate considers the accusation as groundless, he shall, after recording reasons in writing, release the accused and such release shall have the effect of discharge.
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