Provided that the provisions of this subsection shall not apply in any case in which the complaint has
been made by a Court or by a public servant acting or purporting to act in the discharge of his official
duties].
1[242. Charge to be framed. When the accused appears or is brought before the Magistrate, a formal
charge shall be framed relating to the offence of which he is accused and he shall be asked whether he
admits that he has committed the offence with which he is charged.].
243. Conviction on admission of truth of accusation. If the accused admits that he has committed the
offence 2[with which he is charged], his admission shall be recorded as nearly as possible in the words used
by him; and, if he shows no sufficient cause why he should not be convicted, the Magistrate 3[may convict]
him accordingly.
244. Procedure when no such admission is made.__(1) 4[If the Magistrate does not convict the
accused under the preceding section or] if the accused does not make such admission, the Magistrate shall
proceed to hear the complainant (if any), and take all such evidence as may be produced in support of the
prosecution, and also to hear the accused and take all such evidence as he produces in his defence:
[Provided that the Magistrate shall not be bound to hear any person as complainant tn any case in
which the complaint has been made by a Court.]
4
5[(2)The Magistrate may, if he thinks fit, on the application of the complainant or accused, issue [a
summons to any witness directing him to attend or to produce any document or other thing.]
(3) The Magistrate may, before summoning any witness on such application, require that his reasonable
expenses, incurred in attending for the purposes of the trial, be deposited in Court[:]6
[Provided that it shall not be necessary for the accused to deposit any such expenses in Court in cases
where he is charged with an offence punishable with imprisonment exceeding six months.]
7
[244A. Statement made under section 164. The statement of a witness duly recorded under section
164, if it was made in the presence of the accused and if he had notice of it and was given an opportunity of
crossexamining the witness, may, in the discretion of the Court, if such witness is produced and examined,
be treated as evidence in the case for all purposes subject to the provisions of the Evidence Act, 1872.]
8
1 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972) s.2 and Sch., for “section 242”.
For enforcement of this amendement in the Provinces, see, para 2 of foot note 3 on p. 40, surpa.
2 Subs. ibid., for “of which he is accused”.
3 Subs. by the Code of Criminal Procdure (Amdt.) Act, 1923 (18 pf 1923), s. 66, for “shall convict”.
4 Ins. ibid, s. 67.
5 Subs. ibid.
6 Subs. by Ordinance 12 of 1972, s. 2 and Sch., for fullstop.
7 Proviso added by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch.
For enforcement of this amendement, in the Provinces, see para. 2 of footnote 3 on page 40, supra.
8 Ins. ibid.
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