Description

If, after considering the evidence or at any earlier stage of the case, the Magistrate believes there is sufficient ground to presume that the accused has committed an offence triable under this Chapter, which he is competent to try and adequately punish, he shall frame a charge in writing against the accused.

The charge shall then be read and explained to the accused, who will be asked whether he pleads guilty or wishes to present a defense.

• If the accused pleads guilty, the Magistrate shall record the plea and may, at his discretion, convict him accordingly.
• If the accused refuses to plead, does not plead, claims to be tried, or is not convicted under Sub-Section (3), he shall be required, either at the commencement of the next hearing or immediately (if the Magistrate so directs with recorded reasons), to state whether he wishes to cross-examine any prosecution witnesses whose evidence has already been taken.
• If the accused wishes to cross-examine any such witnesses, they shall be recalled for cross-examination and re-examination (if any), after which they shall be discharged.
• The remaining prosecution witnesses shall then be examined, cross-examined (if required), and discharged accordingly.