When in a summons-case the accused appears or is brought before the Magistrate

Option A: the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.

Option B: the Magistrate shall frame in writing a charge against the accused if upon considering the police report and the documents sent with it and making such examination as the Magistrate thinks necessary the Magistrate is of the opinion that there is ground for presuming that the accused has committed an offence

Option C: the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge

Option D: None of these

Correct Answer

Option: c

Explanation

Substance of accusation to be stated. When in a summons- case the accused appears of is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.

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