- Sec 205 of Crpc empowers the presiding officer to dispense with the personal attendance of the accused at the time of recording of statements of witnesses.
- If, in the opinion of the Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 260 of Crpc, the Magistrate shall issue summons to the accused requiring him either to appear in person or by pleader before the magistrate on a particular date, or if he desires to plead guilty transmit before the specified date, by post, the said plea in writing and the amount of fine specified. (Sec 206)
- Under section 206 petty offences mean any offence punishable only with fine not exceeding 1000₹.
- Under section 207 of Crpc, the accused shall be supplied with the copy of Police report and other documents by the Magistrate.
- Under section 209 of Crpc, when a case is instituted on a police report or otherwise than in a police report, and it appears to the Magistrate that the offence is triable exclusively by the Court of Sessions, he shall commit the case to Court of Session after complying with the provisions under sec 207 or 208.
- Under section 323, a case is committed to Court of Session where the Magistrate thinks that the case ought to be tried by Court of Sessions.
- Section 210 prescribes the procedure to be followed when there is a complaint case and police investigation in respect of the same offence.
- In section 210, the Magistrate will stay the complaint case proceedings and will require the concerned PO to submit the police report.
- If the police report, in sec 210, is against the same accused then Magistrate will take cognizance against the accused on police report and both complaint case and Police report will be tried together as if it is a police report case.
- If the police report, in sec 210, says that the chargesheet is against some other accused or that it is in the form of a Closure report against the same accused then the complaint case will revive.
- In case of merger of the complaint with the police report, the procedure to be followed fir the trial shall be of the case instituted on the police report. (Sec 210)
- Charge is the stage at which the trial starts and inquiry ends.
- Contents of charge are given under section 211.
- Section 211(7) related to previous conviction.
- Sec 236 of Crpc says that until the accused is convicted in the present case, previous conviction will not be allowed to be proved in present case in order to stop the bias nature of the judge.
- Section 212 says that charge shall contain such particulars as to time and place of the alleged offence and the person against whom the office was committed to give notice to the accused of the matter with which he is charged.
- Section 213 says that manner of offence is also to be stated in charge in some cases.
- Sec 214 says that if any word used in charge, it will have same meaning which is given in IPC. (Pari Materia)
- Section 215 talks about effect of errors.
- If the error is material defect in particulars of the charge which occasioned a failure of justice then the accused may raise an objection to such defect and the court may set aside the judgment. (Sec 215)
