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Rama Krishna   24 September 2022

conviction under section 324 ipc instead of 307 ipc

there is no FIR and Chargesheet under section 324 ipc, but police filed FIR and Chargesheet under section 323 and 307 ipc
but judge convicted accused under section 324 ipc and 323 ipc.

here is my point is "does judge has power to punish accused under section 324 ipc though there is no section in FIR and Chargesheet.? filed by the police.
if there is no power to judge
can accused entitled to acquittal?


Learning

 2 Replies

Dr J C Vashista (Advocate)     25 September 2022

Registration of FIR and submission of charge-sheet (u/s 173 Cr PC) is action on the part of police authorites which is may or may not be acceptable to the Court. 

Relevant provisions relating to framing of charge (by the Trial Court may be noticed as under:

211. Contents of charge.-

(1) Every charge under this Code shall state the offence with which the accused is charged.

(2) If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.

(3) If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.

(4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.

(6) The charge shall be written in the language of the Court.

(7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.

215. Effect of errors.

No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.


What was the charge framed by the Court,  accordingly accused shall be prosecuted and punished if held guilty 

N.K.Assumi (Advocate)     25 September 2022

I am of the view that it is not the secrtion that is used either by the police or the judge,, but the ingredients of the offence will determined under which the offence falls under the IPC. The judge has the power to  chrge the accused with the provisions of law that he deems fit and not to act mechanically based on police report, all he has to do is to act with his legal expertise..If you think that the judge misdirected himself with the provisions of the IPC in convicting the accused, you have the liberty to approch the higher court., 


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