Section 238 in The Code of Criminal Procedure

Title: Compliance with section 207

Description: When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 207.

Title: When accused shall be discharged

Description: If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

Title: Framing of charge

Description: (1) If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. (2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried. STATE AMENDMENTS Chhattisgarh In sub-section (2) of section 240 of the Principal Act, after the word "to the accused" the following shall be added:- "present either in person or through the medium of electronic video linkage in the presence of his pleader in the Court." [Vide Chhattisgarh Act 13 of 2006, s. 5.]

Title: Conviction on plea of guilty

Description: If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon.

Title: Evidence for prosecution

Description: (1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 241, the Magistrate shall fix a date for the examination of witnesses: 1[Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police.] (2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. (3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution: Provided that the Magistrate may 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. 1. Ins. by Act 5 of 2009, s.19 (w.e.f. 31-12-2009).