×

INDIAN KANOON SECTION 246 CrPC - Code of Criminal Procedure - Procedure where accused is not discharged

  • Description

    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 stale, 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.

Find the best lawyer for CrPC Section 246 charges

Criminal Lawyers in

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years


Advocate Nagesh B L

  Nagarathpete
 Experience: 23 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years


Advocate Vara Prasada Rao Tangrda

  Moosarambagh
 Experience: 17 years


View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly