Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 273: 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:
Provided that if the Magistrate considers the accusation as groundless, he shall, after recording reasons in writing, release the accused and such release shall have the effect of discharge.
Brefe Detail
This section outlines the procedure when an accused appears in a summons-case. The Magistrate must inform the accused of the particulars of the accusation. The accused is then given the opportunity to plead guilty or present a defense. Importantly, a formal charge does not need to be framed. If the Magistrate deems the accusation to be groundless, they can release the accused, which will be considered a discharge.
Question & Answers
What must the Magistrate do when the accused appears in a summons-case?
The Magistrate must state the particulars of the offence to the accused and ask if he pleads guilty or has any defense to make.
Is it necessary to frame a formal charge in a summons-case?
No, it is not necessary to frame a formal charge.
What happens if the Magistrate finds the accusation to be groundless?
The Magistrate can release the accused after recording reasons in writing, and this release will have the effect of a discharge.
Example
1. In a summons-case involving theft, when the accused appears before the Magistrate, the Magistrate will explain the details of the theft allegation. The accused will then be asked to plead guilty or provide a defense.
2. If the evidence presented does not support the accusation, the Magistrate may consider the accusation groundless and discharge the accused without a formal charge.
Summary
Section 273 of the Bharatiya Nagarik Suraksha Sanhita establishes the protocol for handling accusations in summons-cases. It ensures the accused is informed of the charges, allows them to respond, and provides a mechanism for discharging the accused if the accusations are deemed unfounded.
