Code of Criminal Procedure, 1973

Section 238

Compliance with section 207

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⚡ Quick Answer Reference: Section 238 CrPC

Provision: Section 238 of CrPC
Act: Code of Criminal Procedure, 1973
Classification: criminal procedure
Jurisdiction: India
Summary: This section requires a Magistrate to ensure compliance with section 207 when an accused appears in a warrant-case instituted on a police report. The Magistrate must verify that the provisions of section 207 have been followed.

Statutory Content

What does Section 238 of CrPC say?

When in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 207.

Indian StandardSection 238, Code of Criminal Procedure, 1973

Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 238 (India)

Court Pleading StandardSection 238 of the Code of Criminal Procedure, 1973

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 238 of CrPC mean?

Plain English Explanation

This section requires a Magistrate to ensure compliance with section 207 when an accused appears in a warrant-case instituted on a police report. The Magistrate must verify that the provisions of section 207 have been followed.

Practical Interpretation

In practice, this section operates by having the Magistrate review the case files to confirm that section 207's requirements have been met before proceeding with the trial. This ensures that the accused's rights are protected and that the case is properly prepared.

Core Legal Purpose

The core purpose of this section is to safeguard the rights of the accused and ensure that the legal process is followed correctly by verifying compliance with section 207's provisions at the commencement of the trial.

Key Legal Elements

•The case must be a warrant-case instituted on a police report.
•The accused must appear or be brought before a Magistrate at the commencement of the trial.
•The Magistrate must satisfy himself that the provisions of section 207 have been complied with.
•There are no specific exceptions or limitations outlined in this section.

Practical Example

Practical Example of Section 238 CrPC

For example, if Rajesh is accused of a crime and appears before a Magistrate for a warrant-case instituted on a police report, the Magistrate must verify that the provisions of section 207 have been followed before proceeding with the trial. This could involve reviewing the case files to ensure that all necessary documents and evidence have been properly submitted and that Rajesh's rights have been protected.

Common Questions (FAQ)

Frequently Asked Questions about Section 238 CrPC

Q: What is the punishment or consequence under Section 238 of CrPC?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to the Magistrate and the accused in a warrant-case instituted on a police report, and is not specifically limited to private individuals or public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not deal with the classification of offences as bailable or cognizable.

Common Questions about Section 238 CrPC

What is Section 238 of CrPC?

Section 238 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Compliance with section 207". In plain terms: This section requires a Magistrate to ensure compliance with section 207 when an accused appears in a warrant-case instituted on a police report. The Magistrate must verify that the provisions of section 207 have been followed.

What is the punishment under Section 238 of CrPC?

Section 238 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 238 of CrPC bailable or non-bailable?

Whether Section 238 of CrPC is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 238 of CrPC?

The essential elements of Section 238 of CrPC are: The case must be a warrant-case instituted on a police report.; The accused must appear or be brought before a Magistrate at the commencement of the trial.; The Magistrate must satisfy himself that the provisions of section 207 have been complied with..

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