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ashok kumar (Social Worker)     06 October 2014

Framing of charges-is the presence of all accused necessary?

Framing of Charges-Is the presence of all accused necessary?

While framing charges against more than 1 accused or one accused and other co-accused, is it necessary that the charge are framed on all the accused on the same date and all the accused are present in the court when the charges are framed?

Please give the relevant Law and case citations



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 2 Replies

Venkatesh Naidu Akula (advocate)     06 October 2014

It is must and mandatory,since the reason lies in tha fact that who has to plead guilty or not guilty except in petty offences?. It is in the provision of Cr.p.c.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 October 2014

no, if the all accused can not be appear before the court then the court may frame the charge on the accused except that person/accused.

The basic rule regarding charge is that for every distinct offence there shall be a separate charge & for every such charge there shall be separate trial. The only exceptions recognized are contained in Sections 219,220,221 & 223 of CrPC. Therefore separate trial is the rule and the joint trial is an exception. The sections containing the exceptions are only enabling provisions. A court has got the discretion to order a separate trial even though the case is covered by one of the exceptions enabling a joint trial. A joint trial of a very large number of charges is very much to be deprecated even though it is not prohibited by law. A separate trial is always desirable whenever there is risk of prejudice to the accused in a joint trial. The Supreme Court has taken the view that it is the option of the court whether to resort to Section 219,220 & 223 of the Code or whether to act as laid down in Section 218 and that the accused has no right to claim joinder of charges or of offenders


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