CrPC Section 236
CrPC Section 236 – Procedure when accused is not discharged
Text of Section 236 (Simplified):
When a Magistrate, after considering the police report (charge-sheet), decides not to discharge the accused and to proceed with the trial, the Magistrate must explain the charges clearly to the accused.
Explanation:
After investigation, the police submit a charge-sheet to the Magistrate.
The Magistrate examines the charge-sheet and evidence.
If the Magistrate finds enough grounds to try the accused, he/she frames charges and informs the accused.
This section ensures that the accused knows the exact charges they face before the trial begins.
The accused is given an opportunity to plead guilty or not guilty after the charges are read out.
Key Points:
| Aspect | Explanation |
|---|---|
| When applicable | After police submit charge-sheet |
| Magistrate’s decision | Not to discharge accused, proceed to trial |
| Magistrate’s duty | Explain charges clearly to accused |
| Accused’s right | To understand charges and plead accordingly |
Example:
In a theft case, after police investigation, the Magistrate decides the accused should stand trial. The Magistrate then formally tells the accused about the theft charges before starting the trial.
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