Procedure where accused is not discharged
AI Assist
Summary
When the magistrate finds grounds to presume the accused committed an offence triable and punishable by him, he frames a written charge, reads and explains it, and asks the accused to plead or make a defence. A guilty plea may be recorded and may lead to conviction. If the accused does not plead, refuses or claims trial, he must say at the next hearing (or immediately) whether he wishes to cross-examine prosecution witnesses already examined; those named are recalled, cross-examined and discharged, then the remaining prosecution evidence is taken and dealt with.
Example
Priya is accused of shop theft. After the prosecution's initial witnesses have given evidence, the magistrate frames a charge, reads and explains it and asks for a plea. Priya pleads not guilty and asks to cross-examine two witnesses; those witnesses are recalled, cross-examined and discharged, and then the remaining prosecution witnesses give evidence.
Bare Act
Enacted text(1) If, when such evidence has been taken, or at any previous stage of the case, 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 or has any defence to make.
(3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon.
(4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under Sub-Section (3) he shall be required to stale, at the commencement of the next hearing of the case or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith whether he wishes to cross-examine any, and if so, which, of the witnesses for the prosecution whose evidence has been taken.
(5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), they shall be discharged.
(6) The evidence of any remaining witnesses for the prosecution shall next be taken and after cross-examination and re-examination (if any), they shall also be discharged.
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