Section 246 CrPC — Procedure where accused is not discharged

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Section 246 — Procedure where accused is not discharged

246

Procedure where accused is not discharged

Code of Criminal Procedure, 1973

Chapter XIX Trial of Warrant-Cases by Magistrates

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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years

📅 Updated 2026-04-10📚 Source: The Gazette of India

Trial ProcedureMagistrate CourtLegal Process

🗣️ Simple Explanation

What does this law say? Section 246 of the CrPC explains what happens when a person is accused of a crime, and the Magistrate thinks there's enough evidence to proceed. The Magistrate will write a formal charge. The charge is read and explained to you. You then say if you are guilty or have a defense. If you don't plead guilty, the trial continues.

Why does this law exist? This law ensures fairness in trials. It makes sure the accused understands the charges. It also protects their right to defend themselves. This helps the court make a just decision.

Real-life impact This section is important for anyone facing a criminal case. It ensures you know the charges against you. It also gives you a chance to defend yourself. This helps protect your rights in court.

What happens if you break this law? This section is about the process, not the crime. It doesn't define a crime or punishment. It is about how the trial proceeds.

💡 Real Life Example

Rahul is accused of theft. The Magistrate believes there's enough evidence. The Magistrate frames a charge against Rahul. Rahul is informed of the charges and the trial proceeds.

Priya is accused of a minor assault. The Magistrate reads the charge. Priya pleads not guilty. The trial continues, and Priya can present her defense.

Amit is accused of cheating. The Magistrate explains the charge. Amit refuses to plead. The trial moves forward, and witnesses are examined.

🛡️ KNOW YOUR RIGHTS

•Understand the charges against you.
•Plead guilty or not guilty.
•Present your defense in court.
•Cross-examine prosecution witnesses.
•Seek legal aid if needed.

❓ FREQUENTLY ASKED QUESTIONS

Section 246 of the CrPC outlines the procedure a Magistrate follows when an accused person is not discharged. It explains how the charges are framed, read, and explained to the accused. It also covers what happens if the accused pleads guilty or not guilty, and the next steps in the trial.

Section 246 itself does not define a crime or punishment. It only describes the procedure to be followed in a trial. The punishment depends on the specific crime the person is accused of, which will be determined by other sections of the CrPC and the Indian Penal Code.

Section 246 deals with the trial process, not the nature of the crime. Whether the offense is bailable or not depends on the specific crime the person is accused of. This will be determined by other sections of the CrPC and the Indian Penal Code.

Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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