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A Project On
Practice & Procedure of framing a charge under Cr.P.C:
A Critical Review
For partial fulfillment of assessment of
Law of Crimes II (Code of Criminal Procedure-I)
Submitted by
Baby Ramya Muppirisetty
Division C, 36
BA LLB
Symbiosis Law School, NOIDA
Symbiosis International University, PUNE
Under the guidance of
Prof Girijesh Shukla,
Course in Charge,
Law of Crimes II (Code of Criminal Procedure-I)
Symbiosis Law School,
NOIDA 201301
ON
03-10-2012
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Certificate
The project entitled “…" submitted to the Symbiosis Law School, NOIDA for Law of Crimes Paper: II
(Code of Criminal Procedure-I) as part of internal assessment is my original work carried out under the
guidance of Dr. Girijesh Shukla from 10th August to 3rd October. The research work has not been submitted
elsewhere for award of any publication or degree.
The material borrowed from other sources and incorporated in the work has been duly acknowledged. I
understand that I myself could be held responsible and accountable for plagiarism, if any, detected later on.
Signature of the candidate
Date:
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Acknowledgment
I owe a great many thanks to a great many people who helped and supported me during the completion of
the project.
My deepest thanks to Dr. Girijesh Shukla the Guide of the project for guiding and correcting various
documents of mine with attention and care. She has taken pain to go through the project and make necessary
correction as and when needed.
I would also thank my Institution and my faculty members without whom this project would have been a
distant reality. I also extend my heartfelt thanks to my family and well wishers.
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Introduction:
Meaning: “The Charge” shall give the accused full notice of the offence charged against him. The purpose
of a charge is to tell an accused person as precisely and concisely as possible of the matter with which he is
charged and must convey to him with sufficient clearness and certainty1 what the prosecution intends to
prove against him and of which he will have to clear himself. The primary object of framing a charge is to
give notice of the essential facts which the prosecution proposes to establish to bring home charge to the
accused so that he will be able to defend and may not be prejudiced. It has been repeatedly held that the
framing of a proper charge is vital to a criminal trial and that is a matter on which the judge should bestow
the most careful attention.2
The Purpose of Framing Charge:
In the ruling of a four-Judge Bench of The Hon‟ble Supreme Court in V.C. Shukla v. State3. Justice Desai
delivering a concurring opinion opined that „the purpose of framing a charge is to give intimation to the
accused of clear, unambiguous and precise notice of the nature of accusation that the accused is called upon
to meet in the course of a trial‟.
Difference between Charge and Trial:
CHARGE TRIAL
1. The prosecutor files the „charge-sheet‟ containing 1. After receiving the charge-sheet, the
„charge/s‟ in the court. Magistrate takes the cognizance of the case
and starts proceedings.
2. The charge-sheet contains FIR, police report, 2. Cognizance of the case be receiving the
investigation, names and description of the charge-sheet is the first step of the trial, and
accused and witnesses, etc. the trial includes all the proceeds of the court,
and ends with announcement of judgment.
3. Preparing and filing of the charge-sheet are done 3. Trial is conducted by the court. Trial is judicial
by police and prosecutor, which is purely nature.
executive nature.
4. A private person cannot file charge-sheet. He can 4. Whether a complaint or charge-sheet, the court
file complaint in non-cognizable offences. conducts the proceedings judicially.
Generally the majority of the cases filed by the
police belong to cognizance offences.
5. Upto filing the charge-sheet, it is in the „Pre-Trial 5. As soon as the court receives/takes the
Process.‟ cognizance of a charge-sheet, the trial starts
which is the „Trial Process‟.
Contents:
Sections 211-214 of the code enumerate requirements and particulars which a valid charge should contain.
Looking to those provisions, it is clear that to be a valid charge; the following requirements must be
satisfied:4
(i) It must state the offence with which the accused is charged;
(ii) If the law which creates the offence gives it any specific name, the offence should be described in
the charge by that name only;
1
Jaswantrai v. Stae of Bombay, AIR 1956 SC 575 (585): 1956 SCR 483(504-05): 1956 CrLJ 1116; Willie Slaney v. State of M.P.,
AIR 1956 SC 116; (1955) 2 SCR 1140: 1956 CrLJ 291.
2
Balakrishnan v. State, AIR 1958 Ker 283; Basavaraja v. State of Karnataka, (2008) 9SCC 329: (2008) 3 SCC (Cri) 767.
3
C.B.I.,1980 Supplementary SCC 92 at page 150 and paragraph 110
4
Sec. 211
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(iii) If the law which creates the offence does not give any specific name, so much of the definition of
the offence must be stated as to give the accused notice of the matter with which he is charged;
(iv) The law and section of the law against which the offence is said to have been committed must be
mentioned in the charge;
(v) It must be in writing;
(vi) It must be in the language of the court;
(vii) If the accused has been previously convicted of any offence, and by reason of such previous
conviction, is liable to enhanced punishment or to punishment of a different kind for a subsequent
offence, the fact, date and place of the previous conviction must be stated in the charge;
(viii) It must give particulars as to the time and place of the alleged offence and the person against
whom or the thing in respect of which the offence was committed;
However, when the accused is charged with criminal breach of trust or dishonest
misappropriation of money or other movable property, it shall be sufficient to specify the gross
sum or describe the movable property in respect of which and the dates between which the
offence is alleged to have been committed without specifying particular items or exact items or
exact dates, provided that the time included between the first and last of such dates shall not
exceed one year.5
(ix) When the nature of the case is such that the above particulars do not give the accused sufficient
notice of the matter with which he is charged, the charge shall also contain such particulars of the
matter in which the alleged offence was committed as will be sufficient for that purpose;6
(x) In every charge words used in describing an offence shall be deemed to have been used in the
sense attached to them by the law under which such offence is punishable.7
A charge must be precise in its scope and particular in its details. Such particulars should be stated in the
charge as are reasonably sufficient to give the accused notice of the matter with which he is charged.
Whether or not sufficient particulars have been mentioned in the charge must be decided with reference to
facts and circumstances of each case.8
Form of Charge: the forms in which the charges are to be framed are set out in Form No. 32 of the Second
Schedule. They provide framing of a charge with one head, with two or more heads, etc.
Form No. 32
Charges
I. CHARGE WITH ONE HEAD
(a) I, (name and office of Magistrate, etc.), hereby charge you (name of accused person) as follows:-
(b) That you, being a public servant in the..................... Department, directly accepted from (state the
name) gratification other than legal remuneration, as a motive for forbearing to do an official act, and
thereby committed an offence punishable under Section 161 of the Indian Penal Code, and within the
cognizance of this Court.
5
Sec. 212
6
Sec. 213
7
Sec. 214
8
Chittaranjan Das v. State of W.B; Kantilal v. State of Gujarath, AIR 1974 SC 222: (1974) 3 SCC 587: 1974 SCC 310; Main Pal
v. State of Haryana, AIR 2010 SC 3292: 2010 CrLJ 4450: (2010)10 SCC 130.
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(c) And I hereby direct that you tried by this Court on the said charge.
(Signature and Seal of the Magistrate)
II. CHARGE WITH TWO OR MORE HEADS:
(a) I, (name and office of the sessions Judge, etc.) hereby charge you (name of accused person) as
follows:-
(b) First-That you, on or about the.............. day of.............. at............... committed murder by causing the
death of.............., and thereby committed an offence punishable under Section 302 of the Indian
penal Code, and within the cognizance of the Court of Session.
Secondly-That you, on or about the.............. day of............... at................ by causing the death
of.............. committed culpable homicide not amounting to murder, and thereby committed an
offence punishable under Section 304 of the Indian Penal Code, and within the cognizance of the
Court of Session.
(c) And I hereby direct that you be tried by the said Court on the said charge.
(Signature and seal of the Court)
Scope of Inquiry: at the stage of framing a charge, the court has to be satisfied only prima facie about the
existence of sufficient grounds for proceeding against the accused. The court is not required to appreciate
evidence to conclude whether the materials produced are sufficient for bringing home guilt of the accused.
The only question is whether the material on record supports a triable case. Each case depends upon its
peculiar facts and circumstances.
Errors and Omissions: sections 215, 464 and 465 of the Code should be read together since they deal with
the same question. Section 215 enacts that no error or omission in the charge will be regarded as material
unless it has occasioned a failure of justice.
Effect of errors: No error in stating either the offence or the particulars required to be stated in the charge,
and no omission to state the offence or those particulars, shall be regarded at any stage of the case as
material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of
justice.
464. Effect of omission to frame, or absence of, or error in, charge: (1) No finding sentence or order by a
Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or
on the ground of any error, omission or irregularity in the charge including any misjoinder of charges,
unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been
occasioned thereby.
(2) If the Court of appeal, confirmation or revision is of opinion that a failure of justice has in fact been
occasioned, it may-
(a) in the case of an omission to frame a charge, order that a charge be framed and that the trial be
recommenced from the point immediately after the framing of the charge;
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(b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge
framed in whatever manner it thinks fit:
Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be
preferred against the accused in respect of the facts proved, it shall quash the conviction.
While examining the aforesaid provisions, we may keep in mind the principles laid down by Justice Vivian
Bose in Willie (William) Slaney v. State of Madhya Pradesh9 of the report, the learned judge observed:-
We see no reason for straining at the meaning of these plain and emphatic provisions unless ritual and form
are to be regarded as of the essence in criminal trials. We are unable to find any magic or charm in the ritual
of a charge. It is the substance of these provisions that count and not their outward form. To hold otherwise
is only to provide avenues of escape for the guilty and afford no protection to the innocent.
The aforesaid observation of Justice Vivian Bose in William Slaney (supra) has been expressly approved
subsequently by this Court in V.C. Shukla (supra).
Reference in this connection may be made to the decision of this Court in the case of Tulsi Ram and others
v. State of Uttar Pradesh10. In that case in paragraph 12 this Court was considering these aspects of the
matter and made it clear that a complaint about the charge was never raised at any earlier stage and the
learned Judges came to the conclusion that the charge was fully understood by the appellants in that case and
they never complained at the appropriate stage that they were confused or bewildered by the charge. The sad
thing is true here. Therefore, the Court refused to accept any grievance relating to error in the framing of the
charge.
Alteration in Charge: Section-216 the object is to secure fair trial to the accused and it is the duty of the
court to ensure that alteration or addition of charge has not caused prejudice to him. Though the power is
wide and extensive, it must be exercised judiciously. The court cannot alter the charge to the prejudice of the
accused. Similarly, such power cannot be exercised after the accused is discharged of all the charges
inasmuch as no charge exists against him and the provisions of Section 216 do not apply.
Joinder of charges: sections 218 to 222 of the Code provide for joinder of charges in one trial against the
same accused. Section 223 deals with joint trial against two or more accused persons. The basic rule –
section 218 lays down the basic rule relating to trial of offences and enacts that for every distinct offence
there must be a separate charge and a separate trial for each such charge.
Exceptions: if the case falls in any of the exceptions, joinder of charges is permissible.
(1) Desire of accused: where the accused the rule relating to separate trial is for the benefit of the
accused and when the accused himself wants joint trial and the magistrate is satisfied that such joint
trial will not prejudice the accused, joint trial is permissible.11
(2) Three offences of same kind within one year: when a person is accused of more offences than one of
the same kind committed within one year, whether in respect of the same person or not, he may be
charged with and tried at one trial for any number of them not exceeding three.12
9
(1955) 2 SCR 1140
10
AIR 1963 SC 666
11
State of Punjab v. Rajesh, AIR 2002 SC 3687: (2002) 8 SCC 158.
12
Manoharan v. Director General of Police, 2002 CrLJ NOC 51: (2001) 3 KerLT 509: (2001) 2 KerLJ 721; Chandra v. State,
(1951) 53 Bom LR 928 (FB).
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(3) Offences in course of same transaction: if, in one series of acts so connected together as to form the
same transaction, more offences than one are committed by the same person, he may be charged with
and tried at one trial for every such offence.13
(4) Offences of criminal breach of trust or misappropriation of property connected with falsification of
accounts: where a person charged with one or more offences of criminal breach of trust or dishonest
misappropriation of property is accused of committing falsification of accounts or the purpose of
facilitating or concealing the commission of such offence, he may be charged with and tried at one
trial for every such offence.14
(5) Same act constituting different offences: if the acts alleged constitute an offence falling within two or
more separate definitions of any law, the person accused of them may be charged with and tried at
one trial for each of such offences.15
(6) Same acts constituting one and also different offences: in several acts of which one or more than one
would be itself or themselves constitute an offence, and constitute a different offence when
combined, the person accused of them may be charged with and tried at one trial for individual
offences as well as the combined offence.16
(7) Where it is doubtful what offence in the alternatives: if a single act or series of acts is of such a nature
that it is doubtful on facts proved which of several offences has been committed; the accused may be
charged with one of such offences or with several offences in the alternatives.17
If in such a case, the accused is cleared is charged with one offence and it appears on evidence that
he has committed a different offence for which he might have been charged, he can be convicted of
that offence.18
Conviction for minor offence when major offence is charged: when an accused is charged of an offence
consisting of several particulars, some of which constitute a minor offence, he can be convicted of such
minor offence. Similarly, when an accused is charged with an offence and facts are proved which reduced it
to a minor offence, he can be convicted of minor offence even though he is not charged with such offence.19
Conversely, however, a person cannot be convicted for a major offence if he is charged with the minor one.
Illustration: A is charged for committing murder of B as defined in Section 300, IPC. At the trial the court is
convicted that A has committed an offence of culpable homicide not amounting to murder as defined in
Section 299 IPC. A can be convicted for culpable homicide under Section 304 IPC. 20
13
Mohinder Singh v. State of Punjab, AIR 1999 SC 211: 1999 CrLJ 263: 1998 SCC (Cri) 1638; State of Punjab v. Rajesh Syal,
2003 CrLJ 60: (2002) 8 SCC 158: AIR 2002 SC 3687.
14
Chandi Prasad v. State of U.P, AIR 1956 SC 149: (1955) 2 SCR 1035: 1956 CrLJ 322; Thankappan v. Union of India, 1989
CrLJ2374 (Ker).
15
Emperor v. Dagdi, (1928) 30 Bom LR 342.
16
State of A.P v. C.G. Rao, AIR 1963 SC 1850 (1861): (1964) 3 SCR 297: (1963) 2 CrLJ 671; Narinderjit Singh v. Union of
India, AIR 2001 SC 3810: (2002) 2 SCC 210.
17
Mohinder Singh v. State of Punjab, AIR 1999 SC 211: (1998) 7 SCC 390.
18
Surendra Singh v. State of Bihar, AIR 2002 SC 260: 2002 CrLJ 555: (2002) 1 SCC 266.
19
Sec. 222(1), (2).
20
Suman Sood v. State of Rajasthan, AIR 2007 SC 2774: 2007 CrLJ 4080: (2007) 5 SCC 634.
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No conviction for major offence when minor offence is charged: we have already seen that when an
accused is charged with a major offence, he can legally be convicted for a minor offence. Vive versa,
however, is not true. Hence, if an accused is charged for a minor offence, he cannot be convicted for a major
offence.21
In the leading case of Willie Slaney v. State of M.P., it was stated that “on a charge for minor offence, there
can be no conviction for a major offence”. Thus, if the accused is charged for committing an offence of
causing grievous hurt, he cannot be convicted for an offence of murder. Likewise, if the accused is charged
for causing death by rash or negligent driving, punishable under Section 304-A, IPC, or for an offence
punishable under Section 201, IPC, he cannot be convicted under Section 302, IPC for committing murder as
defined in Section 300.
Withdrawal of Charges: Section 224 states that when an accused is charged for two or more offences and
is convicted on one or more of them, the complainant or prosecution may with the leave of the court
withdraw the remaining charge or charges. Similarly, the Court may on its own accord stay the inquiry into
or trial on such charges.
If the court permits withdrawal of charges, such withdrawal would amount to acquittal on the remaining
charges and they cannot be inquired or received except under the order of the court setting aside the
conviction.22
Quashing of charge: it is no doubt open to a High Court while exercising powers either under Section 482
of the Code or under Article 226 of the Constitution to quash charges framed by the trial court. But it is well
settled that at the stage of framing charge, the court is expected to consider only the prima facie case to
proceed against the accused and not whether the case would result in conviction. Truthfulness, sufficiency,
adequacy or acceptability of the material produced at the time of framing of charges can be considered only
at the trial and not a prior stage.23
Discharge of the accused: Section 227 provides for discharge of an accused. It states, “if, upon
consideration of the record of the case and the documents submitted therewith, and after hearing the
submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient
ground for proceeding against the accused, he shall discharge the accused and record his reasons for so
doing.”
This provision is intended to eliminate harassment to the accused when there is no prima facie case against
him. At the stage of the trial, however, veracity and effect of the evidence should not be mentionally judged.
If the scale as to the guilt or innocence of the accused are even at the initial stage of making an order under
Section 227 or Section 228, then in such a situation, ordinarily and generally the order will have to be made
under Section 228 (framing of charge) and not under Section 227 (discharge). Section 227 enables the Judge
to discharge the accused if there is no sufficient ground for proceeding against him.
The test to determine prima facie case depends on the facts of each case and it is neither feasible nor
advisable to lay down a rule of universal application. It has, however, been held that if two views are equally
21
Williw Slaney v. State of M.P; Ganesh v. Sate of Orissa, 1988 CrLJ 1500 (Ori).
22
A.R.Antuley v. R.S.Nayak, AIR 1988 SC 1531: (1988) 2 SCC 602 (697).
23
State of Maharashtra v. Salman Khan, AIR 2004 SC 1189: (2004) 1 SCC 525: 2004 CrLJ 920; State of Punjab v. kasturi Lal,
AIR 2004 SC 4087: 2004 CrLJ 3866: (2004) 12 SCC 195.
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possible and the Judge is satisfied that the evidence produced before him gives rise to suspicion only as
distinguished from grave suspicion, he will be fully within his right to discharge the accused. 24
Framing of Charge:
The framing of a charge is not mere formality but a judicial act it is required to be performed after
application of mind. The object of Section 228 is to ensure that the court is satisfied that the accusation made
against the accused is not false and frivolous but there is some material for proceeding against him. Reading
Section 227 and 228 together, it is clear that what the court has to see whether it is a prima facie case against
the accused and he is in any manner connected with the incident leading to the prosecution. Certain rules are
given below find out that is the case is prima facie or proper evidence against the accused:
When charge may be framed: In all warrant cases whether triable by a Court of Session or by a
Magistrate, a formal charge is required to be framed. Framing of Charge is, however, not necessary in
summons case. Similarly, it is not necessary to frame charge in summary trials. At the stage of framing a
charge, the court should consider the materials placed before the court; there is a prima facie case against the
accused. The test to determine prima facie case depends upon the facts and circumstances of each case.25
In Union of India v. Prafulla Kumar26 after considering the leading cases on the point, the Supreme Court
laid down the following principles as to when the charge should be framed –
(1) That the Judge while considering the question of framing the charges under Section 227of the Code
to weigh the evidence for finding out whether it‟s a prima facie case or not. And for which the
accused has been made out;
(2) Where the materials placed before the Court the accused which has not been properly explained, the
court will be fully justified in framing a charge and proceeding with the trial.
(3) The test to determine a prima facie case would naturally depend upon the facts of each case. By and
large however if two views are equally possible and the Judge should be satisfied with the evidence
produced while giving rise to some suspicion but not grave suspicion against the accused, he has all
the right to discharge the accused.
(4) That in exercising his jurisdiction under Section 227 of the Code, the total effect of the evidence and
the document produced by the court, any basic infirmities appearing in the case and so on. This
however does not mean that the Judge should make a roving enquiry into the pros and cons of the
matter and weigh the evidence as if he was conducting a trial.
Section 240- Framing of charge: Upon considering the police report and the documents sent with it under
Section 173 and after examining the accused and hearing the parties, if the magistrate is of the opinion that
the accused has committed an offence which he is competent to try and could be adequately punished by
him, he shall frame a charge. The charge shall be read over and explained to the accused and he shall be
24
Yogesh v. State of Maharashtra, AIR 2008 SC 2991: 2008 CrLJ 3872: (2008) 10 SCC 394.
25
Chandra Deo Singh v. Prakash Chandra, AIR 1963 SC 1430: (1963) 2 CrLJ 397: (1964) 1 SCR 639; Union of India v. Prafulla
Kumar, AIR 1979 SC 366: (1979) 3 SCC 4: 1979 CrLJ 154; State of Bihar v. Ramesh Singh, AIR 1977 SC 2018 (1977) 4 SCC
39: (1978) 1 SCR 257: 1977 CrLJ 1606.
26
AIR 1979 SC 366: (1979) 3 SCC 4: 1979 CrLJ 154: (1979) 3 SCR 1.
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asked whether he pleads guilty or claims to be tried.27 Framing of charge in absence of the accused would
defeat the very purpose of Section 240(2) of the Code.28
It is not necessary for the trial Court to write a reasoned or lengthy order for the purpose of framing
charges.29 The manner of examination of material placed by the prosecution before the court has been thus
explained by the Supreme Court.
“It is well settled that at the stage of framing of charge the trial Court is not to examine and assess in detail
the materials placed on record by the prosecution nor is it for the Court to consider the sufficiency of the
materials for the purpose of seeing whether the offence alleged against the accused persons is made out. At
the stage of charge the Court is to examine the materials only with a view to be satisfied that a prima facie
case has been made out against the accused persons.
Where the material on record as product by the prosecution was sufficient for framing the charge of
corruption, the Court need not wait for the public servant to satisfactorily explain the assets position.30
Where the accused, in collusion with others, defrauded the bank to the tune of over 2 crore rupees, the
Supreme Court observed that a blanket order enabling the accused not to appear before the court during
investigation and even at trial should not be passed. His presence may become necessary for example, at the
time of framing of charge.
Examination of accused and framing of charge, two distinct stages –
The Supreme Court deprecated the practice of examination of the accused and framing of charge are two
important stages in criminal trial.
In the case Sajjan Sharma v. State of Bihar31 the accused were police officers. They are arrested the
deceased for taking bribe. He was patient of asthama. He was put in a window-less room which was full of
dust and cobwebs which are known allergies for triggering an asthama attack. He was brought to the hospital
the next day in a comatose condition. His body showed no signs of pulse, respiration, or blood pressure. The
court said that prima facie the accused could be proceeded against under Section.304, and Section.330, of
IPC. But not under Section. 302, as there was little evidence to establish intention to wilfully cause death.32
the charge against the accused was that she dishonestly processed and verified fake bills. The bills in
question were neither raised nor signed by the appropriate authority. The same was not entered in the bill
register. The framing of charge against her was held to be proper. The duty by saying that the accounts
section was negligent in its verification. The court said a person signing a document is expected to make
some enquiry before signing. The presence of material on the record was sufficient to enable the court to
form an opinion that the accused might have committed the offence. All the officers who dealt with the
relevant files at one point of time or the other could not be taken to have participated in the conspiracy or
guilty of aiding or abetting it. In such cases, it is necessary to deal with individual acts of criminal
misconduct for finding out their respective roles. Some of the persons similarly situated were not proceeded
27
R.S. Nayak v. A.R. antulay, AIR 1986 SC 2045: (1996) 2 SCC 716: 1986 CrLJ 1922; state of Delhi v. Gyan Devi, AIR 2001 SC
40: (2000) 8 SCC 239.
28
HDFC Bank v. Mannan, AIR 2010 SC 618: 2010 CrLJ 2293: (2010) 1 SCC 679.
29
Munna Devi v. State pf Rajasthan, (2001) 9 SCC 631.
30
State (CBI) v. Bangarappa, AIR 2001 SC 222: (2001) 1 SCC 369: 2001 CrLJ 111.
31
AIR 2011 SC 632: 2011 CrLJ 1169.
32
Indu Jain v. State of M.P., AIR 2009 SC 976: (2008) 15 SCC 341: 2009 CrLJ 951.
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against only because departmental proceedings ended in their favour. The court said that the doctrine of
parity under Art. 14 of the Constitution should have been considered.33
Non-interference in framing of charge –
The Supreme Court explained this aspect in the following words:
It is the statutory obligation of the High Court not to interfere at the initial stage of framing the charges
merely on hypothesis, imagination and far-fetched reasons which in law amount to interdicting the trial
against the accused persons. Self-restriant on the part of the High Court should be the rule unless there is a
glaring injustice staring the Court in the face. Unscrupulous litigants should be discouraged from protracting
the trial and preventing culmination of the criminal cases by having resort to uncalled-for and unjustified
litigation under the cloak of technicalities of law.
At the stage of framing of charge, materials and documents filed by the accused cannot be considered.
Materials produced by the prosecution alone is to be considered. Depriving the accused of the opportunity to
produce the material of sterling quality at this stage is not violative of Arts.21 and 14 of the Constitution.
This is to become roving or fishing inquiry and mini-trial at the stage of framing of charge has been held to
be not permissible.
CASES –
Counter case- power of Sessions Court - the power of Sessions Court to try even cases which are not
triable exclusively by it. The provision in Section.228 (1)(a) for transferring any such case to the Court of
the CJM has been held to be not mandatory. On the facts of the case, the Supreme Court held that the
transfer of only one of the counter cases was not proper.34
Rape Case – at the stage of framing of charge, the statements recorded under section. 164 as also the
affidavits of the prosecutrix and her father in a rape case are not to taken into account.35
Error or irregularity in framing charge – where all other requirements of the section were complied with,
the Supreme Court held that an error or irregularity in framing the charge was not to upset the trial because
no inquiry or prejudiced to the accused was caused in the defence on merits. His acquittal on this ground was
not proper.36
Diluting or dropping charge – the Supreme Court explained the role of the judge at the stage of framing of
charge. The words”if after such consideration” occurring in s. 228 provide an interconnection between
Sections.227 and 228. While dropping or diluting a charge under a particular section, although the accused is
not discharged, the court is expected to record reasons. The judgment showed non-application of mind to the
statement in the charge-sheet and medical records. No reasons were stated as to why the material in the case
diary was considered to be insufficient.37
33
Soma Chakravarty v. Sate (CBI), AIR 2007 SC 2149: (2007) 5 SCC 403: 2007 CrLJ 3257.
34
Sudhir v. Sate of M.P, AIR 2001 SC 626: (2001) 2 SCC 688: 2001 CrLJ 1072.
35
Vikas Rusia v. State of M.p., 2002 CrLJ 2895 (MP)
36
State of Punjab v. Harjagdev Singh, AIR 2009 SC 2693: (2009) 16 SCC 91.
37
R.S. Mishra v.State of Orissa, AIR 2011 SC 1103: (2011) 2 SCC 689: 2011 CrLJ 1654.
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Taking transfer of property from unauthorised person – the complainant had executed a general power
of attorney in the favour of M. the latter executed a sale deed for sale of a plot of land of the complainants.
The general power of attorney given to him did not authorise him to transfer property. The transferee knew
it, yet he went ahead with the transaction. The order framing charges against him was held to be proper. 38
38
Chaman Lal v. State of Punjab, AIR 2009 SC 2972: (2009) 16 SCC 91.
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Bibliography:
Primary Source:
Bare Act “Criminal Procedure Code, 1973”
The Indian Penal Code, 1860
The Indian Evidence Act, 1872.
Secondary Source:
Books:
1. C.K. Takwani, Criminal Procedure, LexisNexis.
2. Justice Y.V. Chandrachud, V.R. Manohar, Ratanlal & Dhirajlal, Ratanlal and Dhirajlal, The Code of
Criminal Procedure 20th Edition, LexixNexis/ Butterworth
3. K.N. Chandrasekharan Pillai, R.V. Kelkar's Lectures on Criminal Procedure; 4th Edition, Reprinted 2011
(EBC)
4. S.C. Sarkar, Sarkar on the Law of Criminal Procedure, LexisNexis Butterworths
Articles:
http://articles.timesofindia.indiatimes.com/2012-05-17/delhi/31748533_1_closure-report-talwar-
couple-rajkumar-and-vijay-mandal
http://en.wikipedia.org/wiki/Chargesheet
http://legalperspectives.blogspot.in/2010/10/framing-of-charge-in-criminal-trial-law.html
http://www.preservearticles.com/2012033129537/what-is-the-importance-of-framing-a-charge.html
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