Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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How to prove defect in framing of charges?

Crpc 211, 212, 213 have provided for the procedure to be followed for framing of charges.
Now, it also suggests keeping in view several SC judgements that if accused is misled or prejudice due to improper procedure being followed then how to show it?

Because the charge framing is done oral in the presence of judge, advocate & accused?

How can that be proved at later stage that there was improper procedure followed as there is no videographic or documentary evidence to show so?


 3 Replies

P. Venu (Advocate)     26 June 2022

In the absence facts, the posting is a riddle than a query. Please post facts.

Kalpesh Suryawanshi- Mr Sensex   26 June 2022

Thank you for your reply.
I am student & this doubt/question came to me while reading those sections so there are no facts.

Since, charge framing is oral then how can the accused ever claim that the judge didn't follow the proper procedure during charge framing? He has no documentary proof but only his allegation.

Dr J C Vashista (Advocate)     27 June 2022

It is procedure which can be challanged by younger generation lawyers like you,

Seek guidance of your professor / tutor / coach on the subject since this platform is meant for needy litigants and not for hypothetical question paper.

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