THIS ARTICLE IS WRITTEN BY OM PRAKASH TIWARI , A FIRST YEAR STUDENT OF FIMT, GGSIPU , NEW DELH I
Introduction
Framing of charges in criminal cases is an important aspect of the criminal justice system in India. It refers to the process of formally informing the accused of the specific criminal offences that he or she is being charged with. The objective of framing of charges is to provide clarity to the accused about the exact nature of the charges against them, and to ensure that the trial proceeds in a fair and transparent manner. In this article, we will discuss the legal provisions related to framing of charges in criminal cases in India, as well as the procedure followed by the courts in this regard.
Legal provisions related to framing of charges
The provisions related to framing of charges in criminal cases are contained in the Code of Criminal Procedure, 1973 (CrPC). Section 211 of the CrPC lays down that the charge must contain the following particulars:
| • | The offence with which the accused is charged | |
| • | The law or section of law under which the offence is punishable | |
| • | The time and place of the commission of the offence | |
| • | The particulars of the offence |
The charge must be read and explained to the accused in open court, and the accused must be given an opportunity to plead guilty or not guilty to the charges. If the accused pleads guilty, the court may convict him or her based on such plea. However, if the accused pleads not guilty, the court must proceed with the trial.
Procedure followed by the courts in framing of charges
The procedure followed by the courts in framing of charges in criminal cases is as follows:
| Filing of charge sheet: Once the investigation into a criminal case is completed, the police file a charge sheet in the court. The charge sheet contains the evidence collected during the investigation, along with a summary of the case and the charges proposed against the accused. Examination of charge sheet: The court examines the charge sheet and decides whether there is sufficient evidence to proceed with the trial. If the court finds that the charge sheet is defective, it may direct the police to rectify the defects. Framing of charges: If the court finds that there is sufficient evidence to proceed with the trial, it proceeds to frame the charges against the accused. The charges must be framed in accordance with the provisions of Section 211 of the CrPC. Reading of charges to accused: Once the charges have been framed, they are read out to the accused in open court. The accused is given an opportunity to plead guilty or not guilty to the charges. Recording of plea: If the accused pleads guilty, the court may convict him or her based on such plea. However, if the accused pleads not guilty, the court must proceed with the trial. Evidence and arguments: During the trial, the prosecution presents its evidence and arguments to prove the charges against the accused. The defence also presents its evidence and arguments to challenge the prosecution’s case. Verdict: After hearing both sides, the court decides whether the accused is guilty or not guilty of the charges. |
Conclusion
Framing of charges in criminal cases is a crucial step in the criminal justice system in India. It ensures that the accused is informed about the specific criminal offences that he or she is being charged with, and that the trial proceeds in a fair and transparent manner. The legal provisions related to framing of charges and the procedure followed by the courts in this regard are aimed at ensuring that the accused gets a fair trial and that justice is done
REFERENCES
1.WIKIPEDIA
2.LEGAL SERVICES INDIA
https:www.legalserviceindia.com
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