Code:
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.
Explanation:
This section deals with the procedure for the commencement of a trial in a summons-case. It outlines the steps a Magistrate must follow when an accused person appears before them. The section is designed to ensure fairness and transparency in the proceedings.
- Stating Accusation: The Magistrate must first clearly state the specific offense the accused is charged with.
- Plea: The accused is then asked if they plead guilty or if they have a defense to offer. This allows the accused to indicate their position at the outset.
- Formal Charge: While a formal charge is not mandatory in summons cases, the accused must be aware of the charges against them.
- Groundless Accusation: If the Magistrate deems the accusation to be baseless, they must record their reasoning in writing and release the accused. This release effectively discharges them from the case.
Illustration:
Suppose a person is summoned to appear before a Magistrate for the offense of driving without a license. The Magistrate would inform the accused of the charge, then ask if they plead guilty or have a defense. If the accused claims they were driving a vehicle owned by their family member who has a license, and the Magistrate finds this explanation reasonable, the Magistrate might deem the accusation groundless and release the accused.
Common Questions and Answers:
Q: Does this mean a formal charge is never needed in summons cases?
A: While Section 274 does not explicitly require a formal charge in summons cases, it’s good practice for the Magistrate to frame one to ensure clarity and formality.
Q: What happens if the accused does not have a defense?
A: If the accused does not have a defense, they may plead guilty, and the Magistrate will proceed accordingly. Alternatively, they can contest the charges and present evidence to support their case.