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Can the medical council (State or MCI) announce punishment without giving a chance to the complainant and the defendant to defend their quantum of punishment?

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Dr KK Aggarwal and Ms Ira Gupta    19 June 2018

To know the answer to this, we need to read the following Code of Criminal Procedure (CrPC) procedure. The same is applicable to quasi-judicial bodies under the principles of natural justice.

  1. Section 235 in CrPC 1973: Judgment of acquittal or conviction.
  1. After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.
  2. If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 360 (Order to release on probation of good conduct or after admonition), hear the accused on the question of sentence, and then pass sentence on him according to law.

    2. Section 248 in the CrPC 1973: Acquittal or conviction.

  1. If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.
  2. " Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 325 (the punishment duration is beyond the power of the judge) or section 360 ((Order to release on probation of good conduct or after admonition), he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law……………"

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