Rajasthan Judicial pre 2018

In which of the following cases, the Court is required to record evidence before framing of charge:

Verified Answer
A. Summons trial cases
B. Sessions trial cases
C. Warrant cases instituted upon a complaint
D. Warrant cases instituted upon a Police report

Explanation:

In warrant cases instituted otherwise than on a police report (i.e., upon a complaint), Section 244 of the Code of Criminal Procedure, 1973, mandates that the Magistrate shall proceed to hear the complainant and take all such evidence as may be produced in support of the prosecution before framing a charge. If, after taking such evidence, the Magistrate finds grounds for presuming that the accused has committed an offence, a charge is then framed. In other types of trials, evidence is typically recorded after the charge is framed or the substance of the accusation is stated.