Case without accused's statement

Under Section- 218, 228(2), 240(2), etc of C.rP.C., an accused has a right ot have due notice of the charges against him before the Case the proceedings of the Case begins. It is mandatory to read out the charge framed to the accused and explain it to him. He shall then be asked whether he pleads guilty to the charge or whether he claims to be tried. Basically, a statement of the accused is necesarry with regard to the alleged charges against him, before the case proceeds.

Moreover, mere reading of the charges is not sufficient. Where the charges are framed in the absence of the accused, the order of framing charges would be set aside.

Dear Brisk,

Statement of the accused may also be recorded during investigation under section 161 of CrPC.

If the chargesheet has been filed and Magistrate has taken the cognisance then you may approach the High Court having jurisdiction under section 482 of CrPC.

Regards

kapoor.legal@gmail.com