C—Conclusion of trial
248. Acquittal or conviction -
(1)
If, in any case under this Chapter in which a charge has been framed, the
Magistrate finds the
accused
not guilty, he shall record an order of acquittal.
(2)
Where, in any case under this Chapter, the Magistrate finds the accused guilty,
but does not
proceed
in accordance with the provisions of section 325 or section 360, he shall,
after hearing
the
accused on the question of sentence, pass sentence upon him according to law.
(3)
Where, in any case under this Chapter, a previous conviction is charged under
the provisions
of
sub-section (7) of section 211 and the accused does not admit that he has been
previously
convicted
as alleged in the charge, the Magistrate may, after he has convicted the said
accused,
take
evidence in respect of the alleged previous conviction, and shall record a
finding thereon:
Provided
that no such charge shall be read out by the Magistrate nor shall the accused
be
asked
to plead thereto nor shall the previous conviction be referred to by the
prosecution or in
any
evidence adduced by it, unless and until the accused has been convicted under
sub-section
(2).
249. Absence of complainant -
When
the proceedings have been instituted upon complaint, and on any day fixed for
the hearing
of
the case, the complainant is absent, and the offence may be lawfully compounded
or is not a
cognizable
offence, the Magistrate may, in his discretion, notwithstanding anything
hereinbefore
contained,
at any time before the charge has been framed, discharge the accused.
250. Compensation for accusation without reasonable cause -
(1)
If, in any case instituted upon complaint or upon information given to a police
officer or to a
Magistrate,
one or more persons is or are accused before a Magistrate of any offence
triable by a
Magistrate,
and the Magistrate by whom the case is heard discharges or acquits all or any
of the
accused,
and is of opinion that there was no reasonable ground for making the accusation
against
them
or any of them, the Magistrate may, by his order of discharge or acquittal, if
the person
upon
whose complaint or information the accusation was made is present, call upon
him
forthwith
to show cause why he should not pay compensation to such accused or to each or
any
of
such accused when there are more than one or, if such person is not present
direct the issue of
a
summons to him to appear and show cause as aforesaid.
(2)
The Magistrate shall record and consider any cause which such complainant or
informant
may
show, and if he is satisfied that there was no reasonable ground for making the
accusation,
may,
for reasons to be recorded, make an order that compensation to such amount not
exceeding
the
amount of fine he is empowered to impose, as he may determine, be paid by such
complainant
or informant to the accused or to each or any of them.
(3)
The Magistrate may, by the order directing payment of the compensation under
sub-section
(2)
further order that, in default of payment, the person ordered to pay such
compensation shall
under
go simple imprisonment for a period not exceeding thirty days.
(4)
When any person is imprisoned under sub-section (3), the provisions of sections
68 and 69 of
the
Indian Penal Code (45 of 1860) shall, so far as may be, apply.
(5)
No person who has been directed to pay compensation under this section shall,
by reason of
such
order, be exempted from any civil or criminal liability in respect of the
complaint made or
information
given by him:
Provided
that any amount paid to an accused person under this section shall be taken
into
account
in awarding compensation to such person in any subsequent civil suit relating
to the
same
matter.
(6)
A complainant or informant who has been ordered under sub-section (2) by a
Magistrate of
the
second class to pay compensation exceeding one hundred rupees, may appeal from
the order
as
if such complainant or informant had been convicted on a trial held by such
Magistrate.
(7)
When an order for payment of compensation to an accused person is made in a
case which is
subject
to appeal under sub-section (6), the compensation shall not be paid to him
before the
period
allowed for the presentation of the appeal has elapsed, or, if an appeal is
presented, before
the
appeal has been decided; and where such order is made in a case which is not so
subject to
appeal
the compensation shall not be paid before the expiration of one month from the
date of
the
order.
(8)
The provisions of this section apply to summons-cases as well as to warrant
cases.
