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CHAPTER 1
Practice in the trial of Criminal Cases
PART D -- PROCEDURE IN INQUIRIES AND
TRIALS BY MAGISTRATES
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[1. Charge to be framed.-- After the provisions of section 241 and
241-A have been complied with and the accused appears or is brought before the Magistrate,
a formal charge shall be framed relating to the offence of which he is accused. The charge
shall be read out and explained to the accused and he shall be asked whether he admits
that he has committed the offence with which he is charged (S. 242 Cr.P.C.).
The provisions of Chapter XIX of the Code deal with the framing of the charge. Sections
221 to 223 show the form in which a charge must be framed and the particulars which must
be entered therein; and sections 233 to 239 show how charges may be joined, when they
should be in the alternative form, and what persons may be charged jointly. Special care
is required in the matter of joinder of charges, for mis-joinder of charges against the
express provisions of law may vitiate the trial. Section 235 is also important and should
be read with section 71 of the Pakistan Penal Code.
Sub-section (7) of section 221 of the Code of Criminal Procedure, 1898, requires that
in all cases in which it is intended to prove previous conviction for the purpose of
effecting the punishment which the Court is competent to award, the fact, date and place
of the previous conviction should be set out in the charge. The accused should then be
asked whether he admits the previous conviction and his reply should be recorded. If he
denies then the conviction must be proved in the manner prescribed in section 511 of the
Code after the accused has been convicted of the offence with which he is charged (S.245-A
Cr.P.C.).
2. Conviction on admission of truth of accusation. - If the accused admits that
he has committed the offence 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 may convict him accordingly (S. 243 Cr.P.C.).
It should be remembered that a plea of guilty can only be recorded when the accused
persons raises no defence at all. If, for example, he admits material facts, but denies
guilty knowledge or intention, the plea cannot be regarded as one of "guilty".
If the accused refuses to plead or pleads "not guilty" he should be called upon
to enter upon his defence after the prosecution case is closed. If the accused puts in a
written statement it must be placed on record. To avoid objections of the accused in
appeal or revision that no proper opportunity was given to call witnesses to rebut the
evidence for the prosecution the Court should, as a matter of precaution, at the
conclusion of the case for the prosecution, ascertain from the accused whether he has any
witnesses, and in any case in which no witnesses are produced in defence, the court should
record either that the accused does not wish to call witnesses or that for reasons stated
he has been afforded a further opportunity of doing so.
3. Statement made under section 164. - Under section 244-A of the Code of
Criminal Procedure, 1898, the statement of a witness duly recorded under section 164 of
the said Code, if it was made in the presence of the accused and if he had notice of it
and was given an opportunity of cross-examining 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 Qanun-e-Shahadat 1984.]
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