CrPC Section 350
📘 Section 350 CrPC – Trial by Magistrate in Case of Arrest Without Warrant
⚖️ What does Section 350 say?
Section 350 outlines the procedure to be followed when a person is arrested without a warrant by a Magistrate (or police officer) and brought before a Magistrate who is empowered to take cognizance of the offence.
🧱 Detailed Explanation
When a person is arrested without a warrant and produced before a Magistrate, the Magistrate has the power to try the accused immediately if:
The accused admits the offence (pleads guilty),
And the offence is one which the Magistrate is competent to try (usually less serious offences).
If the accused does not admit the offence or the offence is of a serious nature (which the Magistrate cannot try), then the Magistrate will proceed according to law (i.e., follow regular trial procedures or commit to a higher court).
🧠 Purpose of Section 350
To provide speedy trial in cases where the accused admits guilt.
To empower Magistrates to dispose of simple cases immediately without lengthy proceedings.
To avoid unnecessary delay in justice when the accused is caught red-handed and admits the offence.
📌 Key Points
Applies only when accused is arrested without a warrant.
The accused must be produced before a Magistrate competent to try the case.
The Magistrate can try the accused only if the accused admits the offence.
For offences beyond the Magistrate’s jurisdiction, the Magistrate will follow the usual procedure (e.g., send the accused to a higher court).
🔍 Example
Suppose someone is caught stealing small goods from a shop and arrested on the spot without a warrant. The accused is produced before a Magistrate who can try theft cases. If the accused admits guilt, the Magistrate can try and convict immediately under Section 350.
🧾 Summary Table
| Element | Explanation |
|---|---|
| Applies to | Arrest without warrant cases |
| Magistrate’s power | Try the accused immediately if accused admits offence |
| Condition | Magistrate must be competent to try the offence |
| If accused denies or offence serious | Regular trial procedure or commit to higher court |
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