Joseph 25 August 2015

Is accepting framed charges without arguments is advisable?

Dear Sir
I have a basic query to know ,in criminal cases like Rape,hararsment,Sexual harrasment ;is it advisable to accept charges framed without argument and argue the charges at the time of Cross?

Please advice.Thanks in advance.

Regards

Sahil

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4 Replies

sridher (system analyst) 26 August 2015

Argue the charges at the time of cross

N.K.Assumi (Advocate) 26 August 2015

It all depends on the opening statements of the prosecutor. If the charge against the accused remains only in the realm of suspicion and even if the prosecution story is accepted in whole does not shows that the offence was committed, you can argue to discharge the accused under 227 CrPc.

Joseph 26 August 2015

I sincerely thank everyone here. In my opinion too,it should be argued at the time of cross else,evidences from defense beexposed unnecessarily. Mr. Assumi's suggestion is valuable but needs to know,whether this is applicable at the time of framing of charges or deemed fit at later stage. Please advise. Regards