Ranjit Garbhapu 22 July 2018

framing of charges means

All those proceedings before a Magistrate prior to the framing of a charge which does not result in conviction is “inquiry”. I want to know what the framing of charges means

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Vanshika Kapoor 24 July 2018

Hello Ranjit,

According to Section 228(1) of the Code of Criminal Procedure, after considering the record of the case and after hearing the parties, if the Court considers 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, 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.

The framing of the charge is not a mere formality, but a judicial act to be performed by the Sessions Judge after applying his judicial mind to the consideration as to whether there is any ground for presuming that the accused had committed the Offence. He cannot blindly accept the decision of the prosecution that the accused be asked to face a trial.