Tuesday, 24 November 2015

Magistrate may acquit at any stage of the Trial

According to the provisions of section 249-A of the code of criminal procedure 1898 the magistrate has powers to acquit the accused at any stage of the trial.

A trial in a criminal case starts when challan is presented in the court of magistrate. Challan is also known as police report under section 173 of the code of criminal procedure 1898.

Once challan or police report is presented in the court of magistrate the accused has powers to move petition under section 249-A of the code of criminal procedure 1898.

There are two grounds mentioned in section 249-A. One is that the charge is groundless and the other is that there is no probability of conviction of accused. If the magistrate thinks that these two grounds are present in the case, he/she may acquit the accused at any stage of the trial.

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