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| In which of the following cases it is not necessary for the Magistrate to frame charges against the accused? |
summary cases summon cases both 1 and 2 none of the above |
| both 1 and 2 |
| A summons case means a case relating to an offence that is not a warrant case, i.e. cases relating to offences punishable with imprisonment of less than two years. In respect of summons cases, there is no need to frame a charge. The court gives the substance of the accusation, which is called "notice", to the accused when the person appears before the court. The court has the power to convert a summons case into a warrant case, if the magistrate thinks that it is in the interest of justice. The CrPC also provides that certain petty offences may be tried in a summary way. In a summary trial, no sentence of imprisonment for a term exceeding three months can be passed in any conviction. Usually in such cases, a special summons is sent to the offender requiring him to either attend court and defend himself or admit guilt and pay a fine by post. If a fine of Rs. 200 or less is imposed in such trials, then the accused has no right of appeal. |
