Legal Provisions of Section 226 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Opening case for prosecution:
Where it appears to the Magistrate that the case is triable exclusively by the Court of Session, he shall commit the case to that Court, and send all records, documents, and articles etc. to it, and remand the accused to custody or grant him bail and notify it to the Public Prosecutor.
ADVERTISEMENTS:
Then the Public Prosecutor will open the case before the Sessions Court, by explaining the charge or charges brought against the accused and the evidence he is going to produce to prove the guilt of the accused.
The opening of the prosecution case must always be confined to matters which are necessary to enable the Court to follow the evidence. The Court may see if there is any discrepancy between the opening statement of the Prosecutor and the evidence and direct the prosecutor to adduce evidence in support thereof.
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