Framing of charge:

If after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which— (a) is not exclusively triable by the court of session, he may frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report; (b) is exclusively triable by the court, he shall frame in writing a charge against the accused. (Section 22S). Where the judge frames any charge under CI.

(b) of sub-section (1), the charge shall be read and explained to the accused, and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried. [Section 228 (2)]

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Conviction on plea of guilty:

If the accused pleads guilty, the judge shall record the plea and may, in his discretion convict him thereon. (Section 229)

Prosecution evidence:

If the accused refuses to plead or does not plead, or claims to be tried or is not convicted under Section 229, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution issue any process for compelling the attendance of any witness or the production of any document or other thing. (Section 230) On the date so fixed the judge shall proceed to take all such evidence as may be produced in support of the prosecution. The judge may, in his discretion permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination. (Section 231)


If after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defense on the point, the Judge considers that there is no evidence that the accused committed the offence, he shall record an order of acquittal.

(Section 232)

Entering upon defense:

Where the accused is not acquitted under Section 232, he shall be called upon to enter on his defense and adduce any evidence he may have in support thereof. If the accused puts in any written statement, the Judge shall file it with the record, if the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice. (Section 233)


When the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the accused or his pleader shall be entitled to reply : provided that where any point of law is raised by the accused or his pleader, the prosecution may with the permission of the judge, make his submissions with regard to such point of law.

Judgment of acquittal or conviction:

After hearing arguments and points of law (if any) the judge shall give a judgment in the case. If the accused is convicted, the Judge shall unless he proceeds in accordance with the provisions of Section 360 (viz., order to release on probation of good conduct or after admonition), hear the accused on the question of sentence, and then pass sentence on him according to law.

(Section 235)

Previous conviction:

In a case where previous convictions charged under the provisions of sub-section (7) of Section 211 and the accused does not admit that he has been previously convicted as alleged in the charge, the judge may after he has convicted the said accused under Section 229 or Section 235 take evidence in respect of the alleged previous convictions and shall record a finding thereon provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall be previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under Section 229 or Section 235, Cr.P.C. (Section 236)