Procedure where accused is not discharged.

What this section does

If the Magistrate finds ground to presume the accused committed a triable and adequately punishable offence, he frames a written charge, reads and explains it to the accused, and asks for a plea. If the accused pleads guilty the Magistrate may convict; if not, the accused is required to indicate which prosecution witnesses he wishes to cross-examine, those witnesses are recalled for cross-examination, remaining prosecution witnesses are then examined, and if prosecution witnesses cannot be secured despite reasonable measures, the Magistrate may close prosecution evidence and proceed on the record.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Magistrate · Accused · Prosecution witnesses

Derived from CrPC s.246.