Code
(1) If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge.
(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.
Explanation:
This section defines the essential steps involved in framing charges, ensuring that the accused is fully informed about the charges against them. The Magistrate’s responsibility to frame charges within a specific timeframe (60 days) ensures that the criminal justice system progresses efficiently.
(2) This subsection details the procedure after the charge has been framed. It states that:
- The charge must be read aloud and explained to the accused.
- The accused is then asked to plead guilty or not guilty to the offense charged. This is known as the “plea” stage.
Illustration:
Imagine someone is accused of theft under the BNSS. The Magistrate, after examining the evidence, determines that there is sufficient ground to believe the accused committed the offense. They also find that the offense is triable by them and can be adequately punished by them. Within 60 days, the Magistrate will frame a written charge against the accused, which will be read and explained to them. The accused will then have the opportunity to plead guilty or not guilty.
Common Questions and Answers:
Q: What is the purpose of framing a charge?
A: Framing a charge formally informs the accused of the specific offense they are accused of, allowing them to prepare a defense.
Q: What happens if the Magistrate is not satisfied that there is sufficient ground to believe the accused committed the offense?
A: In such a case, the Magistrate may discharge the accused or refer the matter to a higher court for trial.
Q: Can the accused change their plea after pleading guilty?
A: In some cases, the accused may be allowed to change their plea under certain conditions.
Q: What happens after the accused pleads guilty or not guilty?
A: If the accused pleads guilty, the Magistrate may proceed to sentencing. If the accused pleads not guilty, the case will proceed to trial.
