Substance of accusation to be stated. What is conviction on plea of guilty? What is conviction on plea of guilty in absence of accused in petty cases? What is Procedure when not convicted? Section 251, 252, 253 and 254 of Code of Criminal Procedure 1973

Substance of accusation to be stated, Conviction on plea of guilty, Conviction on plea of guilty in absence of accused in petty cases and Procedure when not convicted are defined under Section 251, 252, 253 and 254 of CRPC 1973. Provisions under this section is:

Section 251 of CRPC "Substance of accusation to be stated"

When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.

 

 

 

Section 252 of CRPC "Conviction on plea of guilty"

If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.


Section 253 of CRPC "Conviction on plea of guilty in absence of accused in petty cases"

(1) Where a summons has been issued under section 206 and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the amount of fine specified in the summons.

(2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine, or where a pleader authorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the pleader and may, in his discretion, convict the accused on such plea and sentence him as aforesaid.

 

Section 254 of CRPC "Procedure when not convicted"

(1) If the Magistrate does not convict the accused under section 252 or section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.

(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.

(3) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.

Home     About Us     Privacy Policy     Disclaimer     Sitemap