CrPC 246 — Procedure where accused is not discharged

Code of Criminal Procedure, 1973

Statutory text

(1) If,  when  such  evidence  has  been  taken,  or  at  any
previous  stage  of  the  case,  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 or has any defence to make.
(3) If  the  accused  pleads  guilty,  the  Magistrate  shall  record  the  plea,  and  may,  in  his  discretion,  convict  him thereon.
(4) If  the  accused  refuses  to plead,  or  does  not  plead  or  claims  to  be  tried  or  if  the  accused  is  not  convicted under sub-section (3), he shall be required to state, at the commencement of the  next hearing of the case, or, if the Magistrate  for  reasons  to  be  recorded  in  writing  so  thinks  fit,  forthwith,  whether  he  wishes  to  cross-examine  any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken.
(5) If he  says  he  does so  wish, the  witnesses  named by him shall be  recalled and, after  cross-examination and re-examination (if any), they shall be discharged.

(6) The   evidence   of   any   remaining   witnesses   for   the   prosecution   shall   next   be   taken,   and   after cross-examination and re-examination (if any), they shall also be discharged.

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