CrPC Section 231
Section 231 of the Criminal Procedure Code (CrPC), 1973
Provisions for Charge and Trial in Cases of Infanticide
Bare Text of Section 231:
"When a person is accused of committing the offence of infanticide under section 316 of the Indian Penal Code, the Magistrate shall try the case either summarily or otherwise according to the provisions of this Code."
Detailed Explanation:
1. Context and Purpose:
Section 231 specifically deals with cases of infanticide as defined under Section 316 of the Indian Penal Code (IPC).
Infanticide refers to the killing of a newly born child, generally under circumstances involving the mother.
This section empowers the Magistrate to decide on the mode of trial for such offences.
2. Key Provisions:
| Aspect | Explanation |
|---|---|
| Offence Covered | Infanticide under Section 316 IPC |
| Trial Mode | Magistrate may try the case summarily or otherwise (regular trial) |
| Discretion of Magistrate | The Magistrate has discretion to conduct a summary trial if conditions are met, enabling quicker disposal. |
3. Summary Trial:
A summary trial is a faster procedure applicable to less serious offences or where the law allows, with simplified rules of evidence and procedure.
It aims to speed up justice delivery while maintaining fairness.
In cases of infanticide, summary trial may be appropriate considering the sensitive nature of the offence and circumstances involved.
4. Practical Significance:
Provides flexibility and efficiency in trying infanticide cases.
Helps address the unique emotional and social factors involved in such cases without lengthy delays.
The Magistrate’s discretion ensures fairness according to case specifics.
Summary Table:
| Aspect | Details |
|---|---|
| Offence | Infanticide (Section 316 IPC) |
| Trial Mode | Summary trial or regular trial at Magistrate's discretion |
| Objective | Speedy and fair trial for sensitive offence |
| Authority | Magistrate |
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