ACCUSED

A person charged with an offence or a crime is generally called an Accused. The act of accusing a person is called an Accusation and when someone is charged with this, it is expected of him to either claim the responsibility or deny such charges in the court.

Illustration

A saw B fleeing from a murder scene and reported the same to the police. The police investigated and took B into custody as one of the prime suspects. With the help of supporting evidences, B was linked to the murder, he was produced before the court and accused of the crime of murder. Here, B was called the Accused and the accusation here was that of murder.

Case Law

Raghubans Dubey v. State of Bihar

"Once cognizance has been taken up by the Magistrate, he must bear in mind the offence and not just the offenders; upon partaking in the investigation of an offence it is his duty to find out who the offenders really are and once he arrives to the conclusion that apart from the persons sent by the police some other persons were involved as well, it is his duty to proceed and summon those persons as well. The summoning of the additional accused is part of the proceeding initiated by him taking cognizance of an offence."