CrPC Section 194
Detailed Explanation of CrPC Section 194
Section 194 of the Code of Criminal Procedure (CrPC), 1973 relates to the examination of the accused by a Magistrate after commitment or sending of the case to a Court of Session. It involves the procedure where the Magistrate records the accused’s statement regarding the charges framed against them.
Text of Section 194 (Simplified Summary):
"When a case is committed to or sent to the Court of Session, the Magistrate shall examine the accused on the charges and record their statement whether they plead guilty or not guilty to the charges."
Explanation:
When Does Section 194 Apply?
This section applies when a case involving serious offenses (triable by Sessions Court) is committed or sent by a Magistrate to the Court of Session for trial.
The Magistrate conducts a preliminary examination of the accused regarding the charges framed by the Sessions Court.
Purpose of Examination:
To ascertain the accused’s plea on the charges—whether the accused admits guilt (pleads guilty) or denies (pleads not guilty).
This ensures the accused understands the charges before the trial begins.
Helps in recording the accused’s statement officially at the preliminary stage.
Procedure:
The Magistrate informs the accused of the charges framed by the Sessions Court.
The accused is then asked to plead either guilty or not guilty to the charges.
The Magistrate records the plea in the case records.
Legal Significance:
If the accused pleads guilty, the Sessions Court may proceed accordingly (sometimes leading to conviction or sentencing without full trial).
If the accused pleads not guilty, the case proceeds to a full trial where the prosecution must prove the charges.
The recorded statement serves as the official record of the accused’s plea.
Relation to Other Sections:
Section 194 follows the commitment or sending of cases under Sections 209, 210 CrPC.
It precedes the trial in the Sessions Court under Chapter XX (Sections 225 onwards).
Practical Example:
After investigation and framing of charges in a murder case, the Magistrate commits the case to Sessions Court.
Before sending the accused to Sessions Court, the Magistrate records whether the accused pleads guilty or not guilty to the charges.
This record is sent along with the case papers to the Sessions Court.
Summary:
Section 194 CrPC requires the Magistrate to record the accused’s plea (guilty or not guilty) after committing or sending the case to the Sessions Court.
This ensures that the accused understands the charges and formally states their position.
The plea recorded under this section guides the subsequent trial proceedings in the Sessions Court.
RELATED Blog
0 comments