Who will discharge the accused under section 245?
245. When accused shall be discharged. (1) If, upon taking all the evidence referred to in section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.
When can accused be discharged?
If, upon due consideration of the police report and all the documents sent under Section 173 along with examination of the accused, if any, as Magistrate thinks obligatory and after hearing prosecution as well as accused, the Magistrate considers the charge to be groundless against the accused, he shall discharge the …
Can accused be discharge in summons case?
The trial of summons case is dealt under Chapter XX of the Criminal Procedure Code, 1973 (hereinafter “CrPC”). There is no special section which exclusively provides for discharge of an accused in summons triable cases.
When an accused can be discharged by Magistrate?
If there is no convincing material on record against the accused, then the Magistrate shall proceed to discharge the accused under Section 245(1) CrPC. Section 245(2) CrPC empowers the Magistrate to discharge the accused at any precedent stage of the case which means even before such evidence is led.
What is evidence before charge in complaint case?
It simply indicates available material on which the public prosecutor wants to rely to establish the guilt of the accused. This provision cannot be used to support a proposition that before committing a complaint case to the court of session, the Magistrate has to record pre-charge evidence.
What are the rights of accused under CRPC?
Accused rights include the right to fair trial, get bail, hire a criminal lawyer, free legal aid in India, and more. As per the legal principle, one is considered innocent until proven guilty. The legal maxim reads out – “ei incumbit probatio qui dicit, non qui negat”.
What is the maximum punishment for summon cases?
Summon cases can be referred from the definition of the warrant case i.e., offences punishable with death, imprisonment for life and imprisonment for the terms exceeding two years called as warrant cases[2]. So summon cases are those in which punishment will not exceed imprisonment for two years.
Can a Magistrate convert a summons case into Warrant case?
Conversion: Under the Code, the Magistrate can be authorized to convert a summons case into a warrant case. Although, a warrant case can’t convert to a summons case.
Can I take my case back from Court?
The power to withdraw criminal cases is vested with the public prosecutor or assistant public prosecutor under Section 321 of the CrPC. According to the statute, at any stage before the judgment, the prosecutor can decide to withdraw prosecution against one or all offenders in a case under one or all offences.