CrPC Section 248
Section 248 of the Criminal Procedure Code (CrPC), 1973 (India) deals with the acquittal or conviction in a warrant case instituted otherwise than on a police report. This typically means cases initiated based on private complaints.
Here’s a detailed explanation of Section 248 CrPC:
Section 248 – Acquittal or Conviction
If the accused is found not guilty, the Magistrate shall record an order of acquittal.
If the accused is found guilty, the Magistrate shall:
Convict the accused and
Hear him on the question of sentence, unless the case is one where the sentence has been previously fixed by law.
After hearing, pass sentence according to law.
If the accused is convicted and is in custody, the Magistrate may issue an order for release on bail pending an appeal, subject to conditions.
Key Points:
This section applies only to warrant cases based on private complaints, not to those based on police reports (which are covered under a different section).
The Magistrate must give an opportunity to the accused to be heard on sentencing, unless the sentence is mandatory (like life imprisonment or death).
If convicted and appealing, bail may be considered under this section.
Example Scenario:
A private individual files a complaint against someone for cheating. After the trial, if the Magistrate finds the accused:
Not guilty: The accused is acquitted.
Guilty: The Magistrate hears the accused on the question of sentence and then pronounces the appropriate punishment.
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