Multiple choice

In every criminal trial, when the magistrate finds the accused guilty, he shall pass the sentence after hearing the accused. Choose the correct statement.

  1. Wrong, it is not required in summons case.

  2. Right, without hearing the accused, no sentence can be passed.

  3. It is required only before sending the conviction warrant.

  4. It is not required at all in any case.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Option (1) is incorrect: Acquittal or conviction is always on merits in all cases, i.e. after hearing the accused. Option (2) is correct: No conviction can be made without giving an opportunity to the accused or without hearing the accused.  Option (3) is incorrect: It is required always before the magistrate finds the accused guilty.  Option (4) is incorrect: It is a mandatory provision for the court.

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