Correct option is C
The correct answer is (c) Section 246.
Explanation: In cases instituted otherwise than on police reports, charges are framed under Section 246 of the Code of Criminal Procedure (Cr.P.C.).
Detailed Explanation:
· Section 246 Cr.P.C.: This Section deals with the procedure when the accused appears or is brought before the Magistrate and is applicable to cases that are instituted otherwise than on a police report (also known as complaint cases).
· Procedure: If, after considering the evidence produced in support of the prosecution, the Magistrate is of the opinion that there is ground for presuming that the accused has committed an offence triable under Chapter XIX, the Magistrate shall frame a charge against the accused.
· Complaint Cases: These are cases initiated based on a complaint made by an individual rather than a police investigation. Such cases follow a slightly different procedural path compared to police report cases.
· Fair Trial: The provision ensures that the accused is aware of the specific charges and can prepare a defense accordingly, upholding the principles of a fair trial.
Information Booster:
· Section 244 Cr.P.C.: Deals with the procedure when the accused does not plead guilty and the Magistrate proceeds to hear the complainant and take all such evidence as may be produced in support of the prosecution.
· Section 240 Cr.P.C.: Pertains to the framing of charges in cases instituted on a police report and is not applicable to complaint cases.
· Section 248 Cr.P.C.: Deals with the acquittal or conviction of the accused after the trial is completed, rather than the framing of charges.
· Complaint Cases vs. Police Report Cases: The procedural differences ensure that both types of cases are handled appropriately, respecting the nature of their initiation.
· Role of Magistrate: The Magistrate's role is crucial in evaluating the evidence and determining whether there is sufficient ground to frame charges, ensuring judicial oversight.
