plea and charge
PRAKASHCHANDRA MARU
(Querist) 03 May 2009
This query is : Resolved
what is the difference between the plea and charge
A V Vishal
(Expert) 03 May 2009
Plea means the following:
A cause in court; a lawsuit; as, the Court of Common Pleas.
An urgent prayer or entreaty.
That which is alleged by a party in support of his cause; in a stricter sense, an allegation of fact in a cause, as distinguished from a demurrer; in a still more limited sense, and in modern practice, the defendant's answer to the plaintiff's declaration and demand. That which the plaintiff alleges in his declaration is answered and repelled or justified by the defendant's plea. In chancery practice, a plea is a special answer showing or relying upon one or more things as a cause why the suit should be either dismissed, delayed, or barred. In criminal practice, the plea is the defendant's formal answer to the indictment or information presented against him.
That which is alleged or pleaded, in defense or in justification; an excuse; an apology.
charge means:
an authoritative instruction or command in points of law given by a judge.
a formal allegation of an offense or wrongdoing
adv. rajeev ( rajoo )
(Expert) 03 May 2009
In civil law, answer made by defendant to the case presented by the plaintiff.
In criminal law, statement made by a person accused in court in answer to the charge: To enter a plea of not guilty.
Charge: To accuse someone formally of having comitted a crime. Official statementin a court accusing someone of having committed a crime.
Plea means it is an answer to the questions put by the court after the evidences are over, it is in criminal case.
Charge it an answer to the court after filing the charge sheet.
Sarvesh Kumar Sharma Advocate
(Expert) 03 May 2009
plea-taken by the side of plaintiff (civil nature cases)burden of proove goes with plaintiff.
charge-filed on the accuse side(criminal cases)b.o.f.( if denied )gose with accused.
PRAKASHCHANDRA MARU
(Querist) 03 May 2009
in the court lower in the criminal matter if accused asked by the magistrate we call it ple and in the higher court we sessions judge asks the to confess offence to the accused we call it framing of charge it is ambiguity pls solve it thanks
Y V Vishweshwar Rao
(Expert) 04 May 2009
Dear Prakash -
Plea & Charge - in Criminal proceedigns- is quite deferent from Civil proceedings !
In Civil proceedigns , the Plaintiff claim in suit - pleadings /plea and the Defendant not only denies th calim of the plaintiff but also pleads in the Written Statement- Defendants plea
The Plaintff pleadings in Plaint and Defendant pleadings in Written Statement - are the foundation for the Claim and counter Claim-in a Suit
