The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-VII]

FRAMING OF CHARGE BY A MAGISTRATE IN A “WARRANT CASE”

(Sections 240 (1) and 246 (1) Cr.P.C.)

Q.31 What are the criteria to be satisfied by a Magistrate for framing charge against the accused in a “warrant case” instituted on a Police Report?

Ans. If upon consideration of the “prosecution records” and hearing both sides, the Magistrate is of opinion that –

1) there is ground for presuming that the accused has committed an offence triable under Chapter XIX

2) the Magistrate is competent to try the offence

3) the offence could be adequately punished by the Magistrate,

he shall frame charge against the accused. (Vide Section 240 (1) Cr.P.C.)

Q.32 When does a Magistrate frame charge against the accused in a “warrant case” instituted otherwise than on a “Police Report”?

Ans. If upon consideration of the “prosecution records” and hearing both sides, the Magistrate is of opinion that –

1) there is ground for presuming that the accused has committed an offence triable under Chapter XIX

2) the Magistrate is competent to try the offence

3) the offence could be adequately punished by the Magistrate,

he shall frame charge against the accused. (Vide Section 246 (1) Cr.P.C.)

FRAMING OF CHARGE BY A COURT OF SESSION

(S. 228 (1) (b) Cr.P.C.)

Q.33 When does a Court of Session frame charge against the accused in a Sessions trial ?

Ans. If upon consideration of the prosecution records and after hearing both sides the Sessions Judge is of opinion that there is ground for presuming that the accused has committed an offence exclusively triable by a Court of Session, he shall frame a charge under Section 228 (1) (b) Cr.P.C.

The following CHART depicts the process of framing charge both by a Magistrate as well as by a Court of Session:-

Q.34 What are the “rules” to be followed by a Court while framing charge against the accused?

Ans. While framing charge against the accused, the Court has to follow the rules laid down in Chapter XVII Cr.P.C. (Sections 211 to 224)

The following CHART depicts the Sections in Chapter XVII Cr.P.C. :-

Part 6: The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-VI]