Question

Under section 239 Cr.PC, the Magistrate can

• A. Frame charges against the accused person
• B. Discharge the accused if charges are groundless.
• C. Open trial for evidence
• D. Convict the accused if pleaded guilty

Hint:

Remember the sequence in a warrant trial before a Magistrate (on police report): Submission of police report (S. 173) -> Consideration and hearing (S. 239) -> Discharge (S. 239) OR Framing of charge (S. 240) -> Plea of guilty (S. 241) -> Evidence for prosecution (S. 242).

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks about the power of a Magistrate under Section 239 of the Code of Criminal Procedure (CrPC). This section falls under Chapter XIX, which deals with the "Trial of Warrant-Cases by Magistrates."

Step 2: Key Legal Provision:
Section 239 of the CrPC is titled "When accused shall be discharged."

Step 3: Detailed Explanation:
The procedure in a warrant case instituted on a police report involves several stages. After the police report and documents are submitted, the Magistrate considers them and gives the prosecution and the accused an opportunity of being heard.
- Section 239 CrPC states that if, upon considering the police report and the documents and after hearing the parties, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused and record his reasons for doing so. This directly matches option (B). - If the Magistrate believes there is ground for presuming that the accused has committed an offence, then under the next section, Section 240 CrPC, he shall frame a charge in writing against the accused. So, option (A) is the next step if the accused is not discharged. - Option (C) relates to the evidence stage, which comes after the charge is framed. - Option (D), conviction on a plea of guilty, is dealt with under Section 241 CrPC.

Step 4: Final Answer:
Under Section 239 CrPC, the Magistrate can discharge the accused if the charges are found to be groundless.