CrPC Section 491
CrPC Section 491 – Power of court to examine a person accused of an offence
Text of Section 491 (simplified):
"When a person accused of an offence appears in court, the court may examine the accused personally, either before or after taking evidence, to understand the nature of the offence and ensure the accused is aware of the charge."
Explanation:
Key Concepts:
Accused: The person who has been charged with a criminal offence.
Examination: The court asks the accused questions to ensure that they understand the charge and can defend themselves properly.
Purpose: Protects the rights of the accused and ensures fair trial.
Purpose of Section 491:
Ensures that the accused fully understands the allegations against them.
Prevents situations where the accused pleads or acts without knowing the consequences.
Helps the court clarify any doubts before proceeding with the trial.
Procedure under Section 491:
The court may question the accused:
To clarify whether they understand the charge.
To ask if they wish to plead guilty or not guilty.
To ensure they have legal representation, if necessary.
This examination can occur before or during the trial.
Legal Effect:
Protects the rights of the accused under natural justice.
Ensures the trial is conducted fairly and that the accused can make informed decisions.
The court is not compelled to examine, but it has the discretion to do so in the interest of justice.
✅ In short:
Section 491 allows the court to personally examine the accused to ensure they understand the charge and are aware of their rights, helping to maintain a fair and informed trial.
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