Victim (fsdf) 04 April 2012

Importance of written submissions at time of framing of char

In a case under prevention of corruption act against a govt. officer, my friend has been made co-accused under secion 120b even though he is only an employee of the company that is alleged to have bribed the govt. officer. Interestingly the company directors have not been accused becuase the probably paid off the IO!

The case is at arguments stage for framing of charges. We were hoping to get my friend discharged at this charges framing stage itself. My friends lawyer has given good ORAL arguments in the court. The lawyer however says that there is NO need to give any written arguments at this stage. The other accused in the case have given written submisions also. Please advise on the importance of written arguments in our defence and are we losing out in any way by not giving a written submission.

Thanks for your advise!!

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 04 April 2012

As it is normally difficult to get a discharge as the court is only required to peruse the prosecution material at this stage - it is only required to give accused a hearing - it is not obliged to go through the written record - however still It's always better to give written submissions, for by arguing orally only you are leaving yourslef at the mercy of the judge he may not be inclined to note down the relevant points. AS the order of framing of charge (as opposed to discharge) the judge is not required to record reasons - you would never know if the judge even considered those arguments. File written with relevant citations.