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Code of Criminal Procedure, 1973

Section 246

Procedure where accused is not discharged

Quick Answer Reference: Section 246 CrPC

  • Provision: Section 246 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 246 of CrPC say?

If, when such evidence has been taken, or at any previous stage of the case, 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. The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any defence to make. If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon. If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under Sub-Section (3) he shall be required to stale, at the commencement of the next hearing of the case or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith whether he wishes to cross-examine any, and if so, which, of the witnesses for the prosecution whose evidence has been taken. If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), they shall be discharged. The evidence of any remaining witnesses for the prosecution shall next be taken and after cross-examination and re-examination (if any), they shall also be discharged.

Indian StandardSection 246, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 246 (India)
Court Pleading StandardSection 246 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/246

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 246 CrPC

What is Section 246 of CrPC?

Section 246 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Procedure where accused is not discharged". The section states: If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offen...

What is the punishment under Section 246 of CrPC?

Section 246 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 246 of CrPC bailable or non-bailable?

Whether Section 246 of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 246 CrPC

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)