A: Cases Instituted on Police report.
Section 238- Compliance with S.207.
Warrant case organized on the police report and when charged shows up or brought before Magistrate at beginning of preliminary- Magistrate will initially fulfil himself that consistence of S.207 is done or not.
Section 239- When accused shall be discharged.
After considering Police report and documents sent and after hearing the prosecution and accused, if magistrates consider the charge to be groundless, accused will be discharged.
Section 240- Framing of charge.
- If upon consideration Magistrate is of opinion that accused has committed offence then he shall frame charge in writing against the accused.
- The charge will be perused and disclosed to the denounced and he will be asked whether he confesses or claims to be attempted.
Section 241- Conviction on plea of guilty.
If accused pleads guilty, Magistrate shall record the warrant and convict him.
Section 242- Evidence for prosecution. (S. 137 & 138 IEA 1872. W. S. 275 CRPC.)
If accused claims to be tried, Magistrate shall fix a date for the examination of witnesses. Provided Magistrate shall supply statement of witnesses recorded during investigation in advance to the accused. On the application of prosecution summon will be issued to witness or witnesses. The magistrate shall take all evidence produced in support of the prosecution. The officer may allow questioning of any observer to be conceded until some other observer or witnesses have been inspected or review any observer for additional interrogation.
Section 243- Evidence for defence:
- Accused shall be called to enter upon his defence and produce evidence, and if accused puts any W.S, Magistrate shall file it with the warrant.
- On the application of accused Magistrate may issue process for compelling attendance of a witness for purpose of examination or cross-examination or for production of any document or thing and Magistrate shall refuse an application if such application in the opinion of Magistrate is vexations or causing delay or defeating ends of justice.
- Provided where accused has cross-examined or was having the opportunity of cross-examining any witness before entering on his defence, attendance of witnesses can’t be compelled unless it is necessary for ends of justice.
- Before summoning any witness, Magistrate may require to deposit reasonable expenses in cured by a witness in attendance for the purpose of the trial be deposited in the count.
B: Cases investigated otherwise than on Police report.
Section 244- Evidence for prosecution. (Pre charge evidence) (Post cognizance but before charge)
- When in warrant case instituted otherwise than on police report and accused appears or brought before a magistrate. The magistrate shall proceed to hear prosecution and shall take all evidence produced in support of the prosecution.
- On the application of the prosecution, Magistrate may issue summon to witness.
Section 245-When accused shall be discharged.
- After taking all evidence, Magistrate considers that no case against the accused has been made out which if unrebutted would warrant his conviction-> Magistrate shall discharge him.
Section 246-Procedure where accused is not discharged.
- If when evidence is taken or at any previous stage Magistrate is of opinion that there is ground for presuming that accused has committed an offence triable under his chapter, he shall frame charge in writing against accused.
- The charge shall be read and explained to accused and he shall be asked whether he pleads guilty or has any defence to make.
- If he pleads guilty Magistrate shall record the plea and convict him thereon.
- If accused claims to be tried, he shall be required to state at the commencement of next hearing or if Magistrate for reasons to be recorded in writing, forthwith regardless of whether he wishes to interview any of the observers.
- Then witnesses shall be recalled and after cross-examination and re-examination, they shall also be discharged.
- Evidence of remaining witness shall also be taken and after cross & re-examination, they shall also be discharged.
Section 247- Evidence for defence.
- Denounced will be called to enter upon his barrier and produce his proof and arrangement of S.243 will apply.
C: Conclusion of the trial.
Section 248- Acquittal or Conviction.
- If Magistrates finds accused guilty, Magistrate shall after hearing accused on the question of sentence, pass sentence upon him. (Punishment will be provided within limits of powers of Magistrate.)
- If Magistrate finds accused not guilty, he shall record the order of acquittal.
- Where the previous conviction is charged U/S. 211(7) and he does not admit that he has been previously convicted, Judge may take in respect of the previous conviction and shall record finding.
- No evidence shall be taken under this section unless and until accused has been convicted before.
Section 249- Absence of complaint. (Especially for complaint)
- When the offence is compoundable or is non-cognizable offence and proceedings have been instituted upon complaint and complainant is absent on day fixed for hearing, the Magistrate may discharge the accused at any time before the charge has been framed.
Section 250- Compensation for accusation without reasonable cause. (Applies on both summon and warrant case)
- Power of Magistrate to acquit or discharge accused in cases instituted upon complaint or police report.
- There was no reasonable ground for making an accusation against the accused.
- Accused can apply before Magistrate for obtaining Compensation from complaint or informant.
- The magistrate may make an order of compensation of such amount not exceeding the amount of fine he is empowered to impose.
- In default of payment of such compensation person ordered to pay shall undergo simple imprisonment for a period not exceeding 30 days.
- Any sum paid to blamed under this area will be considered in remunerating pay to such individual in any ensuing common suit identifying with a similar issue.7. When accused is ordered by JM 2nd class to pay compensation not exceeding 100 INR may appeal from the order as if such complainant or informant had been convicted on trial held by Magistrate.
- When an appeal is done- Compensation shall not be paid to him before the period allowed for presentation of appeal has elapsed, or if an appeal is presented, before such appeal has been decided.
When appeal cannot be done -> Compensation shall not be paid before the expiration of 1 month from the date of order.
S.248 & 250-> Common provisions for complaint an FIR.