Section 275 CrPC: Record in Warrant Cases – Code of Criminal Procedure

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Section 275 CrPC: Record in Warrant Cases

This section of the Code of Criminal Procedure deals with the maintenance of records in warrant cases.

1. State the Code

Section 275 CrPC: In every warrant case, the Magistrate shall, at the close of the inquiry or trial, record, in the manner prescribed by the High Court, a judgment, containing a concise statement of the facts proved, the point determined, and the reasons for the decision.

2. Explanation

  • This section applies to all warrant cases, which are cases where the accused is summoned to appear before the court.
  • The Magistrate is required to record a detailed judgment at the conclusion of the inquiry or trial.
  • The judgment must include a concise statement of the facts proved, the points determined, and the reasons for the decision.
  • The format of the judgment is prescribed by the respective High Court.

3. Illustration

Consider a case where a person is accused of theft. The Magistrate, after conducting the inquiry, finds the accused guilty. The Magistrate must then record a judgment in the case file, which includes:

  • A statement of the facts proved, like the stolen items, the evidence of witnesses, and the accused’s confession.
  • The point determined, which is whether the accused committed the theft.
  • The reasons for the decision, which might include the reliability of witnesses, the weight of evidence, and the interpretation of the law.

4. Common Questions and Answers

Q: What is the purpose of Section 275 CrPC?

A: It ensures transparency, accountability, and fairness in the judicial process. The detailed judgment allows for proper review by higher courts and safeguards the rights of the accused.

Also Read  Section 73 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Power To Direct Security To Be Taken.

Q: What happens if the Magistrate fails to comply with Section 275?

A: Failure to comply can be grounds for appeal or revision. The judgment may be considered insufficient or invalid, leading to a potential retrial.

Q: Are there any exceptions to Section 275?

A: Some exceptions exist, such as summary trials or cases where the Magistrate deems it unnecessary to record a detailed judgment.

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