First appearance of Accused and recording of plea of Accused as to guilty or not guilty
1 In appropriate Cases, the Accused may appear thru Advocate and plea may be recorded as per Instructions; but Accused cannot claim blanket exemption from appearance.
2 The Court, if about to try the offence as Summary trial, will record the plea of Accused u/s 263(g); and if as Summons trial, then u/s 251 of CrPC.
3 Once plea is recorded, the Magistrate u/s 165 of the Evidence Act, is empowered to ask the Accused as what is his specific defense, as observed in Indian Bank Association Case.