Hearing on sentence by a Magistrate is required, on conviction :

Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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93.

Hearing on sentence by a Magistrate is required, on conviction :

A: in a summons trial case under Section 255(2) of C.R.P.C.

B: in a warrant trial case under Section 248(2) of C.R.P.C.

C: both (a) & (b)

D: neither (a) nor (b).

The answer is: C

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Explanation

The correct option is C: both (a) & (b).

According to the Code of Criminal Procedure (CrPC), 1973, a Magistrate is required to hear the accused on the question of sentence, after convicting him or her, in both summons trial cases and warrant trial cases. This is a mandatory provision that ensures the accused person's right to a fair sentence hearing. The relevant sections of the CrPC are:

- Section 255(2): If the accused is convicted, the Magistrate shall, unless he proceeds in accordance with the provisions of section 360, hear the accused on the question of sentence, and then pass sentence on him according to law.

- Section 248(2): If the accused is convicted, the Magistrate shall, unless he proceeds in accordance with the provisions of section 360, hear the accused on the question of sentence, and then pass sentence on him according to law.