Wednesday, 2 January 2013

framing of charge

 Framing of charge.

 Section 227/228 of Crpc.

(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which-
(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, 1[ or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate] shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;
(b) is exclusively triable by the court, he shall frame in writing a charge against the accused.
(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.

In the matter of :

Smt Sushila Devi vs Rajendra Rathore

“discharge the accused in exercise of its jurisdiction U/s 227, CrPC. What is supposed to be considered by the Court in exercise of its jurisdiction U/s 227 & 228, CrPC, is to consider sufficient ground for proceeding against the accused on general consideration of the material placed by Investigating Officer. While framing of the charge in exercise of jurisdiction U/s 228, CrPC or while considering the discharge U/s 227, CrPC, it is not for the Court to analyse all the materials including pros & cons, reliability or acceptability which is the stage of trial when the Court has to appreciate their evidentiary value, credibility or otherwise of the statement, veracity of various documents - on the basis of which, the Court is free to take a decision one way or the other and not at initial stage of framing of the charge; obviously for the reason that there are different yardsticks for consideration at the stage of framing.”

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