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yogita (student)     13 June 2009

CrPC related

Can someone elaborate on CrPC difference in Section 241 and 252 - conviction on guilt-plea. Which is appropriate if an accused does not understand the local language?



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 5 Replies

Kiran Kumar (Lawyer)     13 June 2009

Well Yogita probably u did not notice one thing.

S. 241 deals with warrants cases and S. 252 deals with summons cases.

Cr.P.C does provide separate procedure for summons cases and warrants cases, u can c chapters xix and xx of Cr.P.C

in both the cases of Ss. 241 and 252 Cr.P.C the common aspect is that the magistrate SHALL record the plea of guilt but MAY convict the accused on that basis.

magistrate is to c whether the plea of guilt is out of any pressure or it is out of free will.

if some accused can not understand the local language or the language being used in the court then he can ask for an interpretor.

yogita (student)     13 June 2009

Thx.

In one of the case, the plea is typed in english but the reply from the accused is recorded in the local language! which the accused does not understand at all. Accused is very well conversant with english. Why the Magistrate would record his reply in the local language when he understands and speaks english very well? Also I noticed that the name of the acused is not correct in the plea.

I think this plea cannot be used as an evidence in another related case.

yogita (student)     13 June 2009

Thx Sir.

coming back to one of my earlier question.

In one of the case, the plea is typed in english but the reply from the accused is recorded in the local language! which the accused does not understand at all. Accused is very well conversant with english. Why the Magistrate would record his reply in the local language when he understands and speaks english very well? Also I noticed that the name of the acused is not correct in the plea.

I think this plea cannot be used as an evidence in another related case.

yogita (student)     13 June 2009

Thx Sir.

coming back to one of my earlier question.

In one of the case, the plea is typed in english but the reply from the accused is recorded in the local language! which the accused does not understand at all. Accused is very well conversant with english. Why the Magistrate would record his reply in the local language when he understands and speaks english very well? Also I noticed that the name of the acused is not correct in the plea.

I think this plea cannot be used as an evidence in another related case.

yogita (student)     13 June 2009

Thx Sir.

coming back to one of my earlier question.

In one of the case, the plea is typed in english but the reply from the accused is recorded in the local language! which the accused does not understand at all. Accused is very well conversant with english. Why the Magistrate would record his reply in the local language when he understands and speaks english very well? Also I noticed that the name of the acused is not correct in the plea.

I think this plea cannot be used as an evidence in another related case.


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