arrow
arrow
arrow
"If the complainant is absent on the day fixed for the hearing of the case, the Magistrate may, in his discretion, discharge the accused in certain ci
Question

"If the complainant is absent on the day fixed for the hearing of the case, the Magistrate may, in his discretion, discharge the accused in certain circumstances." In which one of the following circumstances the accused cannot be discharged?

A.

When the charge has been framed

B.

When the offense is compoundable

C.

When the offense is non-cognizable

D.

When the proceeding has been instituted on the complaint

Correct option is A


Sol: Once charges have been framed, the accused cannot be discharged simply because the complainant is absent. At this stage, the case has progressed beyond the preliminary stage, and the Court must proceed with the trial unless specific legal grounds justify discharge.
Information Booster: The framing of charges is a critical juncture in a criminal trial, marking the point where the Court has determined that there is sufficient evidence to proceed with the trial. Absence of the complainant post-framing of charges does not automatically warrant discharge.
Additional Knowledge:
· (b): If the offense is compoundable and the complainant is absent, the Magistrate may exercise discretion to discharge.
· (c): Non-cognizable offenses, being less serious, offer more leeway for discharge in the absence of the complainant.
· (d): Discharge in cases instituted on complaint is more likely if the complainant is absent before charges are framed.

test-prime-package

Access ‘State Judiciary PCS J’ Mock Tests with

  • 60000+ Mocks and Previous Year Papers
  • Unlimited Re-Attempts
  • Personalised Report Card
  • 500% Refund on Final Selection
  • Largest Community
students-icon
354k+ students have already unlocked exclusive benefits with Test Prime!
test-prime-package

Access ‘State Judiciary PCS J’ Mock Tests with

  • 60000+ Mocks and Previous Year Papers
  • Unlimited Re-Attempts
  • Personalised Report Card
  • 500% Refund on Final Selection
  • Largest Community
students-icon
354k+ students have already unlocked exclusive benefits with Test Prime!
Our Plans
Monthsup-arrow