CrPC Section 245
Section 245 CrPC: Procedure when accused is discharged by Magistrate and prosecution is initiated by Court of Session
Text of Section 245 CrPC:
When an accused person is discharged by a Magistrate, and the prosecution is thereafter instituted by the Court of Session under Section 193, the Court of Session shall proceed as if the charge had been tried and convicted, and shall hear the case in the same manner as if the accused had been previously convicted.
š Detailed Explanation:
1. Context and Background:
In criminal cases, Magistrates typically conduct the initial trial for offences under their jurisdiction.
When a Magistrate discharges (i.e., decides not to proceed with the case due to insufficient evidence or other reasons) an accused person, but the Court of Session (a higher court) later takes up the prosecution under Section 193 CrPC, special procedure comes into play.
Section 245 governs this situation, ensuring that the Court of Session can still proceed effectively, even though the Magistrate discharged the accused.
2. What is "Discharge" by a Magistrate?
Discharge means the Magistrate has examined the evidence presented and found it insufficient to proceed with the trial.
The accused is then released from the charges at the Magistrateās level.
3. What does Section 193 CrPC say?
Section 193 allows the Sessions Court to initiate prosecution in cases where the Magistrate has discharged the accused.
This is done only after proper sanction or on the directions of higher authorities.
4. What does Section 245 provide?
It says when the Court of Session initiates prosecution after Magistrateās discharge:
The Court of Session will proceed as if the charge had already been tried and the accused convicted at the Magistrate level.
Essentially, the Sessions Court skips the initial stages of the trial process that the Magistrate would have conducted.
The Court of Session hears the case afresh, but the trial procedure assumes a previous conviction.
5. Purpose and Effect:
The law aims to streamline the process when a Magistrate discharges but the higher court decides to continue.
This prevents unnecessary repetition of the same procedure and respects the authority of the Magistrateās prior decision.
However, the accused still gets a full hearing at the Sessions Court.
6. Practical Example:
Suppose a Magistrate discharges an accused in a murder case due to lack of evidence.
The Sessions Court, however, gets proper sanction and initiates prosecution under Section 193.
Under Section 245, the Sessions Court will proceed as if the accused had already been convicted at the Magistrate level, moving directly into the trial phase at the Sessions level.
š Summary:
| Aspect | Explanation |
|---|---|
| When applicable | After Magistrate discharges accused |
| Authority initiating trial | Court of Session under Section 193 CrPC |
| Trial Procedure | Sessions Court proceeds as if accused convicted by Magistrate |
| Purpose | Streamline prosecution and avoid repetition |
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