Criminal Procedure Code
119
(iii) If the Court finds that the prosecution has not proved
its case beyond reasonable doubt, the Court shall
record an order of acquittal.
(n)
When the proceedings have been instituted upon the complaint
of some person upon oath under section 133 and upon
any day fixed or the hearing of the case the complainant
is absent and the offence may lawfully be compounded,
the Court may, in its discretion, notwithstanding anything
hereinbefore contained, discharge the accused at any
time before calling upon him to enter upon his defence.
(o)
If the accused does not appear at the time and place
mentioned in the summons and it appears to the Court
that the summons was duly served a reasonable time
before the time appointed for appearing and no sufficient
ground is shown for an adjournment the Court may either
proceed ex parte to hear and determine the complaint
or may adjourn the hearing to a future day.
Power to discharge conditionally or unconditionally
173a. (1) Notwithstanding anything contained in section 173,
the Court shall have the powers contained in this section.
(2) When any person is charged before the Court with an
offence punishable by such Court, and the Court finds that the
charge is proved, but is of opinion that, having regard to the
character, antecedents, age, health or mental condition of the
person charged, or to the trivial nature of the offence, or to the
extenuating circumstances under which the offence was committed,
it is inexpedient to inflict any punishment or any other than a
nominal punishment or that it is expedient to release the offender
on probation, the Court may, without proceeding to record a
conviction, make an order either—
(a)
dismissing the charge or complaint after an admonition
or a caution to the offender as the Court seems fit; or
(b)
discharge the offender conditionally on his entering into a
bond with or without sureties, to be of good behaviour
and to appear for the conviction to be recorded and
for sentence when called upon at any time during such
period, not exceeding three years, as may be specified
in the order.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents