CHAPTER XIX - TRIAL OF WARRANT-CASES BY MAGISTRATES
A—Cases instituted on a police report
238. Compliance with section 207 -
When
in any warrant-case instituted on a police report, the accused appears or is
brought before
a
Magistrate at the commencement of the trial, the Magistrate shall satisfy
himself that he has
complied
with the provisions of section 207.
239. When accused shall be discharged -
If,
upon considering the police report and the documents sent with it under section
173 and
making
such examination, if any, of the accused as the Magistrate thinks necessary and
after
giving
the prosecution and the accused an opportunity of being heard, the Magistrate
considers
the
charge against the accused to be groundless, he shall discharge the accused,
and record his
reasons
for so doing.
240. Framing of charge -
(1)
If, upon such consideration examination, if any, and hearing, 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 of the offence charged or claims to be tried.
241. Conviction on plea of guilty -
If
the accused pleads guilty, the Magistrate shall record the plea and may, in his
discretion,
convict
him thereon.
242. Evidence for prosecution -
(1)
If the accused refuses to plead or does not plead, or claims to be tried or the
Magistrate does
not
convict the accused under section 241 the Magistrate shall fix a date for the
examination of
witnesses.
(2)
The Magistrate may, on the application of the prosecution, issue a summons to
any of its
witnesses
directing him to attend or to produce any document or other thing.
(3)
On the date so fixed, the Magistrate shall proceed to take all such evidence as
may be
produced
in support of the prosecution:
Provided
that the Magistrate may permit the cross-examination of any witness to be
deferred
until any other witness or witnesses have been examined or recall any witness
for
further
cross-examination.
243. Evidence for defence -
(1)
The accused shall then be called upon to enter upon his defence and produce his
evidence;
and
if the accused puts in any written statement, the Magistrate shall file it with
the record.
(2)
If the accused, after he had entered upon his defence, applies to the
Magistrate to issue any
process
for compelling the attendance of any witness for the purpose of examination or
crossexamination,
or
the production of any document or other thing, the Magistrate shall issue such
process
unless he considers that such application should be refused on the ground that
it is made
for
the purpose of vexation or delay or for defeating the ends of justice and such
ground shall be
recorded
by him in writing:
Provided
that, when the accused has cross-examined or had the opportunity of
crossexamining
any
witness before entering on his defence, the attendance of such witness shall
not
be
compelled under this section, unless the Magistrate is satisfied that it is necessary
for the ends
of
justice.
(3)
The Magistrate may, before summoning any witness on an application under
sub-section (2),
require
that the reasonable expenses incurred by the witness in attending for the
purposes of the
trial
be deposited in Court.
