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What is Compliance with section 207? When accused shall be discharged? What is Framing of charge? What is Conviction on plea of guilty? Section 238, 239, 240 and 241 of Code of Criminal Procedure 1973

Compliance with section 207, When accused shall be discharged, Framing of charge and Conviction on plea of guilty are defined under Section 238, 239, 240 and 241 of CRPC 1973. Provisions under this section is:


Section 238 of CRPC "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




Section 239 of CRPC "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.


Section 240 of CRPC "Faming 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.

In sub-section (2) of section 240 of the Principal Act, after the word “to the accused” the following shall be added:-

"present either in person or through the medium of electronic video linkage in the presence of his pleader in the Court."

[Vide Chhattisgarh Act 13 of 2006, s. 5.]


Section 241 of CRPC "Conviction on plea of guilty"

If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon.

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