CrPC Section 244
Criminal Procedure Code (CrPC) - Section 244 pertains to cases instituted otherwise than on police report and is part of the procedure in warrant cases by a Magistrate.
🔹 Section 244 of the CrPC – Evidence for Prosecution
Text (simplified):
When a Magistrate takes cognizance of an offence on a complaint, and the case relates to a warrant case that is not based on a police report, the following applies:
At the first hearing of the case (or any subsequent hearing),
The Magistrate must hear the prosecution evidence,
And examine all the prosecution witnesses that appear before the court.
🔹 Key Elements:
Applies to:
Warrant cases.
Initiated on a private complaint (i.e., not based on a police charge sheet/report under Section 173).
Stage:
This occurs after cognizance is taken and the accused is summoned, but before charges are framed.
Purpose:
To allow the Magistrate to evaluate whether there is sufficient evidence to frame charges against the accused.
Rights of the Accused:
The accused has the right to cross-examine the witnesses presented at this stage.
🔹 Related Sections:
Section 245: Deals with discharge of the accused if the Magistrate finds no ground to proceed after taking evidence under Section 244.
Section 246: If there is evidence of an offence, the Magistrate shall frame charges.
🔹 Illustration:
If A files a private complaint in a Magistrate's court alleging that B committed fraud, and the court takes cognizance, it will proceed under Section 244 to examine A’s witnesses. Only after this, the court will decide whether to frame charges.
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