LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pravindra Dev Singh   12 October 2017

Can pre charge evidence be permitted in state cases

kindly suggest me, 

can pre charge evidennce conducted in corruption cases registered under 7, 13 (1) d (2) PC Act or other IPC offences whether cases registered as states case and represented by public prosecuter


 1 Replies

Pawan S (Advocate)     12 October 2017

Do you mean the evidences shown before the court before the charge frame?

Yes, you can show the prima facie evidences at that point.

The Courts shall take note of Section 226 CRPC, which obliges the prosecution to describe the charge brought against the accused and state by what evidence the guilt of the accused would be proved.

If the accused succeeds in producing any reliable material at the stage of taking cognizance or framing of charge which might fatally affect even the very sustainability of the case, it is unjust to suggest that no such material should be looked into by the court at that stage. The objective of this stage is to providing an opportunity to the accused of making submissions as envisaged in Section 227 of the Code of Criminal Procedure, 1973  is to enable the court to decide whether it is necessary to invoke the provisions of Sections 227 and 228 dealing with trials before the Court of Session.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register