CrPC Section 95
Section 95 of the Criminal Procedure Code (CrPC), 1973 – Procedure in Case of Dismissal or Discharge of Complaint or Charge
Text of the Section:
“When any Court before which a complaint is made or charge is brought dismisses the complaint or discharge the accused, such Court shall, if it thinks fit, cause the complainant or the prosecutor and the accused to be heard before such dismissal or discharge.”
Detailed Explanation:
1. Introduction:
Section 95 of the CrPC deals with the procedure a court must follow before dismissing a complaint or discharging an accused. It ensures that both the complainant (or prosecutor) and the accused are given an opportunity to be heard before a decision is made to dismiss or discharge the case.
2. Purpose:
To uphold the principles of natural justice by giving parties a chance to present their views.
To prevent arbitrary dismissal of complaints or discharge of accused persons.
To ensure fairness and transparency in criminal proceedings.
3. Key Provisions:
The court, upon considering a complaint or charge, may decide to dismiss the complaint or discharge the accused.
Before doing so, the court may, if it thinks fit, call the complainant/prosecutor and the accused to be heard.
The hearing is to allow both sides to present arguments or clarifications before the court takes a final decision.
4. Importance:
Protects the rights of both parties by giving them a chance to be heard.
Promotes judicial accountability in case dismissal or discharge is considered.
Prevents miscarriage of justice by ensuring decisions are not made hastily.
5. Practical Implications:
Courts often use this provision in summary trials or cases where evidence may be insufficient.
Gives an opportunity to the complainant to oppose dismissal or explain why the case should continue.
Allows the accused to present defense or plea before discharge.
6. Related Provisions:
Section 203 CrPC: Discharge of accused when charge is not made out.
Section 245 CrPC: Inquiry or trial of warrant cases by Magistrate.
Section 249 CrPC: Power to withdraw prosecution.
7. Judicial Interpretation:
Courts view Section 95 as part of fair trial procedures.
The hearing is not mandatory but at the discretion of the court ("if it thinks fit").
It is a procedural safeguard, not a substantive right.
Conclusion:
Section 95 of the CrPC ensures that before a court dismisses a complaint or discharges an accused, it may hear both the complainant and the accused. This provision is aimed at safeguarding fairness and preventing arbitrary decisions in criminal proceedings.
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