CrPC Section 444
📘 Section 444 CrPC – Procedure in Trial of Warrants Cases by Magistrate
⚖️ What is Section 444 about?
Section 444 outlines the procedure a Magistrate must follow when trying a case instituted upon a warrant. This usually means serious offences where the accused is summoned or arrested based on a warrant.
🧱 Detailed Explanation
When a warrant case (a criminal case that is considered serious enough to warrant the issuance of a warrant for arrest or appearance of the accused) is being tried by a Magistrate, Section 444 specifies the steps to be followed at the start of the trial.
🔍 Key Points in Section 444
Reading the Charge
The Magistrate must read the charge to the accused at the beginning of the trial. The charge is the formal accusation specifying the offence(s) the accused is alleged to have committed.
Explanation of the Charge
The Magistrate must explain the charge to the accused in simple language to ensure the accused understands the allegations against them.
Questioning the Accused
The Magistrate must ask the accused whether they plead guilty or not guilty to the charge.
If the Accused Pleads Guilty
The Magistrate may convict the accused immediately without recording further evidence.
The Magistrate may then proceed to pass a sentence as per law.
If the Accused Pleads Not Guilty
The Magistrate proceeds with the trial by recording evidence, hearing witnesses, and examining documents.
🧠 Why is Section 444 Important?
It ensures fairness and transparency by making sure the accused understands the charges.
It protects the accused’s right to be informed of the case against them.
It speeds up justice when the accused admits guilt.
It forms the basis of the trial procedure in warrant cases.
📌 Summary Table of Section 444 CrPC
| Step | What Happens |
|---|---|
| Read Charge | Magistrate reads the formal charge |
| Explain Charge | Magistrate explains it in simple terms |
| Ask for Plea | Accused asked to plead guilty or not |
| If Guilty | Magistrate may convict and sentence |
| If Not Guilty | Trial proceeds with evidence and witnesses |
🔍 Example
If a person is accused of robbery (a serious offence), the Magistrate in a warrant case will:
Read out the robbery charge to the accused.
Explain what “robbery” means in simple terms.
Ask, “Do you plead guilty or not guilty?”
If the accused says guilty, the Magistrate can convict immediately.
If the accused says not guilty, the trial continues with witnesses and evidence.
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