section 269
Framing of charge
The Code of Criminal Procedure, 1989Criminal1989605 of 612 sections available
Chapter XXIII OF TRIAL BEFORE A COURT OF SESSION
Statutory text
Framing of charge.-(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which-
- (a) is not exclusively triable by the Court of Sessions, he may frame a charge against the accused and by order, transfer the case to the Chief Judicial Magistrate or any Judicial Magistrate competent to try the case, and thereupon the Chief Judicial Magistrate or any Judicial Magistrate to whom a case may have been transferred shall try the offence in accordance with the procedure provided for the trial of warrant cases instituted on police report.
- (c) is exclusively triable by the Court, he shall frame in writing a charge against the accused.
- (2) Where the Judge frames any charge under clause (b) of Sub-section (1) the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.
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