Trial of Summon Case Under Cr.P.C.: A Critical Analysis

  • Ashish Ranjan and Rahul Kumar
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  • Ashish Ranjan

    Student at Central University of South Bihar, Gaya, India

  • Rahul Kumar

    Student at Central University of South Bihar, Gaya, India

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Abstract

This paper talks about the idea of trial which takes place in summon cases by the official, that allocate regarding the procedure which has been followed by the judicial official within the trial of the summon cases. There's no distinction within the procedure which has been followed between way of summons cases instituted on personal complaints and the procedure followed in the trial of summons cases inaugurated on police charge-sheets. Summons-case specifies that a case about an offence, and not being a warrant-case. In summon case the suspect if taken to the official he is under the obligation to produce all the documents which is necessary and he has been requested to simply accept his plea or to require the defense. If in a summon-cases, when the accused appears or is brought before the Magistrate, the details of the offence of which he is accused must be stated to him, and he should be asked that whether he pleads liable or has any defense to give, but it should not be necessary to frame a formal charge. It is also necessary that the accused shall have a clear statement made to him as to the particulars of the offence of which he has been charged. An accused may not be convicted even on his admission of culpability if the prosecution report does not get on an offence under the statute. This paper also deals with the procedures which is followed by the official in trial on summon-case and also the provisions related to the trial on summon case.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 3, Issue 4, Page 20 - 28

DOI: https://doij.org/10.10000/IJLSI.11869

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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