Code of Criminal Procedure, 1973

Section 251

Substance of accusation to be stated

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⚡ Quick Answer Reference: Section 251 CrPC

Provision: Section 251 of CrPC
Act: Code of Criminal Procedure, 1973
Classification: criminal procedure
Jurisdiction: India
Summary: When an accused person appears in court for a summons-case, the Magistrate must tell them the details of the offence they are accused of. The accused is then asked if they plead guilty or have a defence to make, but a formal charge is not required.

Statutory Content

What does Section 251 of CrPC say?

When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.

Indian StandardSection 251, Code of Criminal Procedure, 1973

Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 251 (India)

Court Pleading StandardSection 251 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 251 of CrPC mean?

Plain English Explanation

When an accused person appears in court for a summons-case, the Magistrate must tell them the details of the offence they are accused of. The accused is then asked if they plead guilty or have a defence to make, but a formal charge is not required.

Practical Interpretation

This section ensures that the accused is aware of the charges against them and has the opportunity to respond. It is a crucial step in the criminal justice process, allowing the accused to prepare their defence and ensuring that they are treated fairly.

Core Legal Purpose

The core purpose of this section is to inform the accused of the charges against them and to provide them with an opportunity to respond. This is essential for ensuring that the accused receives a fair trial and that justice is served.

Key Legal Elements

•The accused must be informed of the details of the offence they are accused of.
•The accused must be asked if they plead guilty or have a defence to make.
•A formal charge is not required.
•The Magistrate must inform the accused of the particulars of the offence.

Practical Example

Practical Example of Section 251 CrPC

Rajesh is accused of theft and is brought before the Magistrate in a summons-case. The Magistrate informs Rajesh of the details of the offence and asks him if he pleads guilty or has a defence to make. Rajesh responds that he has a defence to make and is given the opportunity to present his case. The Magistrate then proceeds with the trial, ensuring that Rajesh receives a fair hearing.

Common Questions (FAQ)

Frequently Asked Questions about Section 251 CrPC

Q: What is the punishment or consequence under Section 251 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 all individuals accused of an offence, regardless of whether they are private individuals or public entities.

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

This section does not classify the offence as bailable or cognizable. The classification of the offence would depend on the specific circumstances and the provisions of the Code of Criminal Procedure, 1973.

Common Questions about Section 251 CrPC

What is Section 251 of CrPC?

Section 251 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Substance of accusation to be stated". In plain terms: When an accused person appears in court for a summons-case, the Magistrate must tell them the details of the offence they are accused of. The accused is then asked if they plead guilty or have a defence to make, but a formal charge is not required.

What is the punishment under Section 251 of CrPC?

Section 251 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 251 of CrPC bailable or non-bailable?

Whether Section 251 of CrPC is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 251 of CrPC?

The essential elements of Section 251 of CrPC are: The accused must be informed of the details of the offence they are accused of.; The accused must be asked if they plead guilty or have a defence to make.; A formal charge is not required..

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