In reference to the trial of summons cases by a Magistrate, which of the following statements is correct?
Verified Answer
A. The Court shall frame charge after hearing the accused and the prosecution.
B. The Court may discharge the accused after hearing the prosecution and the accused.
C. There is no requirement for the Court to hear the accused and the particulars of the offence shall be stated to him.
D. None of the above.
Explanation:
In summons cases (Chapter XX Cr.P.C.), Section 251 Cr.P.C. states that when the accused appears, the particulars of the offence shall be stated to him, and he shall be asked whether he pleads guilty, but it shall not be necessary to frame a formal charge. There is no provision for discharge in summons cases in the same manner as in warrant cases.