Question

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

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.

Sample Mock Tests for Practice

ODISHA LOWER JUDICIAL SERVICES 2011

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 03 Q. NO. 81 TO 120)

DELHI LOWER JUDICIARY 2011

THE TRADE MARKS ACT, 1999 (PAPER 01 Q. NO. 1 TO 8)

DELHI LOWER JUDICIAL SERVICES 2019

THE CONSTITUTION OF INDIA, 1949 (PAPER – 15 Q. NO. 491 TO 525)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 14 Q. NO. 521 TO 560)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 03 Q. NO. 71 TO 105)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 04 Q. NO. 106 TO 140)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 08 Q. NO. 246 TO 280)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 03 Q. NO. 71 TO 105)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 18 Q. NO. 596 TO 623)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 06 Q. NO. 176 TO 210)

DELHI LOWER JUDICIAL SERVICES 2018(1)

THE LIMITATION ACT, 1963 (PAPER 05 Q. NO. 161 TO 200)

JHARKHAND LOWER JUDICIAL SERVICES 2019

MAHARASHTRA LOWER JUDICIAL SERVICES 2022

MADHYA PARDESH LOWER JUDICIAL SERVICES 2001

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 04 Q. NO. 121 TO 135)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 18 Q. NO. 681 TO 720)

THE SPECIAL MARRIAGE ACT, 1954 (PAPER 01 Q. NO. 1 TO 10)

THE HIMACHAL PRADESH COURTS ACT, 1976 (PAPER 01 Q. NO. 1 TO 23)

AILET – National Law University Delhi Entrance Test (NLU 2012)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 02 Q. NO. 41 TO 80)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 02 Q. NO. 41 TO 80)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 08 Q. NO. 281 TO 320)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 17 Q. NO. 641 TO 680)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2007-1

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 15 Q. NO. 561 TO 600)

BIHAR LOWER JUDICIAL SERVICES 2018

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2015

THE LIMITATION ACT, 1963 (PAPER 07 Q. NO. 241 TO 269)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 16 Q. NO. 601 TO 640)

THE HINDU MARRIAGE ACT, 1955 (PAPER -5 Q. NO. 101 TO 134)

CHHATTISGARH LOWER JUDICIAL SERVICES 2020

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 12 Q. NO. 441 TO 480)