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In every case tried summarily in which the accused does **not plead guilty**, the Magistrate is required to:
A{'text': 'Record only the conviction without recording the substance of the evidence on the file or any reasons for the finding', 'label': 'A'}
B{'text': 'Acquit the accused without recording any evidence on the file or any reasons for the finding once the accused pleads not guilty', 'label': 'B'}
C{'text': 'Refer the matter to the Sessions Court for de novo recording of the entire evidence before any judgement is recorded', 'label': 'C'}
D{'text': 'Record the substance of the evidence and a judgement containing a brief statement of the reason for the finding', 'label': 'D'}
Answer & Solution
Correct answer: D. {'text': 'Record the substance of the evidence and a judgement containing a brief statement of the reason for the finding', 'label': 'D'}
1. Section 264 CrPC (paraphrased in the lesson under "Judgement in summary trials") provides that in every case tried summarily in which the accused does not plead guilty:
- The Magistrate shall **record the substance of the evidence**.
- The Magistrate shall record a **judgement containing a brief statement of the reason for the finding**.
2. The concerned Magistrate must sign such record and judgement.
3. The summary character of the trial means the record is brief but not absent — judicial reasoning is still mandatory.
4. The other options misstate the legal duty.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 10 (Code of Criminal Procedure, 1973), pp. 244-249._
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