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what is framing of charges


Dear all,

Can anybody explain what is framing charges in 498a.

 
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Advisory/Advocacy

Framing of charges is a process post FIR on which the court trial is .....

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

 
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Legal Enthusiast

after filing of charge sheet framing of charges is done in court.

 
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08010117611

when police complete the investigation in case and submit the report (charge sheet ) including evidences collected during the investigation as envisage u/s 173 CrPC, thereafter all particulars/evidences/documents whichever collected by police supplied to the accused free of cost u/s 207 CrPC or 208 CrPC as case may be, therafter the concern court has to evaluate the material whether the prima facie case is made out or not at this stage accused has right to argue on the material collected by prosecution only.  Upon considering the report of police and material collected duirng investigation if magistrate or session judge comes to conculsion that no prima facie case or case exist, the accused may  be discharged and if it came on record that prima facie case is made out then magistrate or session judge clear to the accused which offense has been committed and under which section is made out against person before it and this is called framing of charge. ( please refer section 228 (session trial) or 240 (magistrate trial) CrpC)


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Manager

@ Deepak
thanks for the explanation, if the wife  submits false documents etc., is it wise to

bring this up during the 'framing of charges' or wait till the evidence stage?

question is why delay exposing the flaws in the chargesheet if husband can convince the magistrate that

many of the allegations can be thrown away immediately? in reality husband can definitely

prove that it is false case, so why is it normally not done during framing, esp when no evidence is submitted

by IO as in most cases.

 

 
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08010117611

the basic query of yours is regarding to lead with the evidence of the accused also which is not permit at the initial stage by law as described by SC in many cases.

if IO is not submitting the evidences then you have to be discharged. it is also establish law that the statement record by IO is sufficient to frame the charge against accused esp in matrimonial cases or cases related to females.

 

As far as query of wife submitted the false evidence then it was for the IO to investigate the matter in fair manner otherwise accused has right to approach the trial court under section 173(8) CrPC for  further investigation by putting the all detail in the application, if trial court considered it necessary may order for further investigation. During the course of further investigation it came that the evidences submitted is false then IO or trial court may take the necessary steps under the established procedure of law.

 
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