Trial Before Magistrate

Procedure in Trial of Cases; Trial Before Magistrate

Section 241 of the Code of Criminal Procedure, 1898, states that the procedure under Chapter XXII shall be followed by the Magistrate in the case of Trial before Magistrate.

Supply of Documents to the Accused in Trial Before Magistrate

Section 241-A of the Code of Criminal Procedure, 1898, provides certain documents to be delivered to the accused not less than seven days before the commencement of the trial. It is notable that there is no provision to provide a copy of the First Information Report to the accused; even the site plan is not mentioned.

Framing of Charge in Trial Before Magistrate

Section 242 of the Code of Criminal Procedure, 1898, discusses the framing of a formal charge in the trial before the Magistrate. The important thing to understand is that the Magistrate is duty-bound to frame the charge against the accused, having no other option.

Conviction on Admission of Guilt in Trial Before Magistrate

Section 243 of the Code of Criminal Procedure, 1898, provides that if the accused admits the truth of the accusation, the Magistrate may convict him. An important point to consider is that the construction of Section 242 is much clear to provide an opportunity to the accused to show cause as to why he should not be convicted after such admission. In 1991 P.C.r.L.J. 365, it was held that the accused should not be convicted solely based on the admission of the truth of the accusation; an opportunity to show cause must be given. While considering the provision along with various judgments, it is very clear that the opportunity to show cause is mandatory.

Procedure When No Admission of Guilt in Trial Before Magistrate

If no admission is made, or no conviction was awarded after admission, then the Magistrate shall proceed to hear the prosecution case while taking all evidence and consider all such evidence as produced by the accused in his defense. Under this provision, the Magistrate is also empowered to summon any witness upon the application of the complainant or accused.

Admissibility of Statement Recorded Under Section 164

Section 244-A of the Code of Criminal Procedure, 1898, provides that if the statement of a witness was duly recorded under Section 164 and in the presence of the accused, and if the accused had notice of it and was given a due opportunity for cross-examination, then if the witness is produced, such a statement may be treated as evidence.

Acquittal or Sentence after Completion of Trial

Under Section 245 of the Code of Criminal Procedure, 1898, the Magistrate, after the conclusion of the trial, may acquit the accused if he finds the accused not guilty, or may sentence him if he finds the accused guilty. No yardstick or criteria are mentioned in this provision for guidance to appreciate the evidence.