Legal Provisions of Section 251 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Substance of accusation to be stated:
The object of the section is to appraise the accused of the charge against him. He is explained about the facts constituting the offence for the commission of which he is going to be put on trial, and the Magistrate has to record that these particulars were explained and stated to the accused.
ADVERTISEMENTS:
It is not necessary to frame a formal charge in a trial of a summons case as per the provisions of Sections 211-213 of the Code. But the provisions relating to joinder of charges and joint trial of persons are applicable to summons cases as well.
In a summons case, the Magistrate must record the plea of guilty at the commencement of the trial, if the accused pleads so. However, the Magistrate is bound to convict the accused who pleads guilty, if he thinks it necessary in the interest of justice to have evidence of his guilt.
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In Sant Kumar Singh v. State, the High Court of Delhi ruled that where accused did not plead guilty, the Magistrate has simply to ask the accused if he had any defence to make and nothing beyond that. The Magistrate could not at initial stage compel the accused to disclose his defence in detail.
ADVERTISEMENTS:
In the instant case, while giving notice of substance of accusation to the accused asking several questions to accused to find out whether he was driving offending vehicle rashly and negligently was liable to be set aside being beyond the ambit of the provision contained in Section 251 of Cr. P.C.
As regards the non-compliance of the requirement of the provisions contained in this section, various High Courts have expressed divergent views. But the majority of Courts have held that mere omission to explain and state the particulars of an offence under Section 251 is not an illegality which will vitiate the trial provided no prejudice is caused to the accused and the accused has been examined under Section 313. Instead it is a mere irregularity curable under Section 465 of the Code. But where prejudice is caused to the accused on account of non-compliance of this section; it will amount to illegality which would vitiate the trial and conviction.
Where the personal attendance of the accused is dispensed with under Section 205 his pleader can lead to the charge and answer the statement of charges.