By admin The framing of charges under CrPC is a pivotal stage in criminal proceedings where a court formally accuses an individual (the accused) of committing a specific offence based on evidence and allegations presented by the prosecution.
This process plays a crucial role in the criminal justice system by informing the accused of the charges against them, establishing the legal foundation for a trial and promoting transparency and fairness in legal proceedings.
It is a fundamental aspect of due process, ensuring that the accused’s rights are protected and setting the stage for the trial, where guilt or innocence is ultimately determined. The framing of charges marks a significant milestone in the journey toward justice in criminal cases.
Contents
1. What is a Charge under CrPC?
2. Meaning of Framing of Charges
5. Framing of Charges under Section 228 of the CrPC
6. Principles Related to Framing of Charge under CrPC
7. Types of Trials for Framing of Charges in CrPC
8. Trial Before the Court of Session (Chapter XVIII)
9. Trial of Warrant Cases By Magistrate (Chapter XIX)
10. Judicial Analysis of Sections 238 & 240
11. What is the Time Limit for Charge Sheet?
What is a Charge under CrPC?
The term ‘Charge’ is defined in Section 2(b) of the Code of Criminal Procedure (CrPC), 1973, as “any head of charge when the charge contains more heads than one.” This section provides definitions for both ‘charge’ and ‘charges.’
A charge represents a formal accusation made by the court against an individual accused of committing an offence. In essence, a charge is a legal term used to describe an allegation. Similarly, when an allegation against an individual encompasses multiple elements, it is referred to as ‘charges.’
To illustrate this with an example: Suppose an individual, A, is accused by B in a hit-and-run case, resulting in the filing of a First Information Report (FIR). Subsequently, the police will present a report to the court, detailing the offence A is alleged to have committed, along with the progress of the investigation.
After careful consideration, the court will frame charges against A. In the given scenario, the court might frame charges of Rash Driving (as per Section 279 of the Indian Penal Code, 1860) and Culpable Homicide not amounting to Murder (as per Section 299 of the IPC) to initiate the trial. However, if A had been accused solely of Rash Driving, the court would have framed a single charge against him.
Chapter XVII of the CrPC deals with ‘Charges.’ Section 228 of the CrPC deals with framing of charges.
Meaning of Framing of Charges
Framing of charges in a criminal case is the formal accusation of an individual committing a specific offence or crime. During this process, the court reviews the evidence and the allegations presented by the prosecution and if it finds sufficient grounds to believe that the accused has committed the offence, it formulates and formally presents the charges against the accused.
The framing of charges under CrPC is a crucial step in criminal proceedings because it serves several important purposes:
- Informing the Accused: It informs the accused of the specific offence they are being charged with, along with the details of the allegations against them. This ensures that the accused is aware of the nature of the accusation.
- Establishing Legal Foundation: It establishes the legal foundation for the trial to proceed. Once charges are framed, the trial can move forward and the accused can prepare their defence.
- Transparency: It promotes transparency in the legal process by clearly defining the scope of the case and the charges brought against the accused.
- Protection of Rights: It safeguards the rights of the accused by ensuring that they are aware of the charges and can exercise their right to defend themselves in court.
- Setting the Stage for Trial: It marks the beginning of the trial phase, where evidence is presented, witnesses are called and legal arguments are made.
Contents of Charge
Purpose of a Fair Trial: The primary requirement under the CrPC for a fair and just trial is to ensure that the accused is precisely and accurately informed of the offence with which they are charged. This notification is crucial as it provides the accused with a fair opportunity to prepare their defence.
Sections 211 and 212 of the CrPC: These sections prescribe the forms and contents of the charge in criminal cases. They establish the framework for drafting charges in a manner that clearly describes the offence to the accused.
When Additional Particulars Are Required: In cases where the nature of the offence is such that it cannot be adequately described by the particulars specified in Sections 211 and 212, additional information about the manner in which the offence was committed by the accused must be included in the charge. This ensures that the accused receives sufficient notice of the offence with which they are charged.
Key Elements in Section 211 of the CrPC: This section specifies that every charge should include:
- The offence the accused is charged with.
- If the offence has a specific name under the law, it should be described by that name.
- The definition of the offence under the relevant law if it doesn’t have a specific name.
- The law and the section of the law under which the offence is alleged to have been committed.
Illustration of Section 211: An illustration is provided to clarify how Section 211 works. For example, if an individual, A, is charged with the murder of B, it signifies that the act of A falls within the definition of murder as mentioned in Sections 299 and 300 of the Indian Penal Code. It also means that the act of A doesn’t fall within any of the General Exceptions outlined in the Indian Penal Code. Additionally, it specifies that A’s act doesn’t fall into any of the five exceptions to Section 300, or if it does, it identifies which specific exception(s) apply.
Equivalent Statement: When a charge is framed against an accused, it is considered equivalent to stating that the accused, while committing the offence, has fulfilled all the legal conditions required to constitute that offence in the particular case. This means that all elements of the offence must be satisfied for the charge to be valid.
Language of the Court: Charges must be written in the language of the court to ensure clarity and understanding.
Framing of Charges
The process of framing charges involves the court’s determination that the accused individual is likely to have committed a specific offence. This determination is made after a careful examination of the police report, along with other pertinent documents and after hearing arguments from both parties. Framing of charges serves as the initial step in commencing a trial against the accused.
It is essential to note that although framing charges under CrPC is a vital step that informs the accused of the allegations against them, it is not mandatory in all legal proceedings.
Framing of Charges under Section 228 of the CrPC
Section 228(1) in The Code Of Criminal Procedure, 1973
(1) If, after such consideration and hearing as aforesaid, the Judge is of the opinion that there is ground for presuming that the accused has committed an offence which-
(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate and thereupon the Chief Judicial Magistrate shall try the offence in accordance with the procedure for the trial of warrant- cases instituted on a police report;
(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused.
Principles Related to Framing of Charge under CrPC
The framing of charges in criminal cases is guided by several fundamental principles to ensure a fair and just legal process. Some key principles related to the framing of charges include:
- Presumption of Innocence: The accused is presumed innocent until proven guilty beyond a reasonable doubt. Charges are framed based on a prima facie case but do not imply guilt.
- Due Process: The accused has the right to be informed of the charges against them and to have a fair opportunity to prepare their defence.
- Specificity: Charges must be clear, specific and accurately describe the alleged offence to ensure the accused understands the nature of the accusation.
- Evidence-Based: Charges are framed based on evidence and allegations presented by the prosecution. The court assesses whether there are reasonable grounds to proceed.
- Fair Notice: The accused must receive sufficient notice of the offence to prepare a defence, preventing surprise or ambiguity in the trial.
- Legal Definitions: Charges should use legal definitions and terminology consistent with the law under which the offence is punishable.
- Transparency: The framing of charges promotes transparency in legal proceedings, defining the scope and nature of the case.
- Protection of Rights: It safeguards the rights of the accused, including the right to remain silent and the right to legal representation.
- Speedy Trial: Delays in framing charges can affect the principle of a speedy trial, so charges should be framed promptly.
- Legal Standards: Charges should meet the legal standards for each specific offence, ensuring accuracy and fairness.
Types of Trials for Framing of Charges in CrPC
The Code of Criminal Procedure outlines different types of trials, including:
Summary Trial: Summary trials are conducted for offences that carry a maximum punishment of up to two years of imprisonment or for offences related to theft, receiving stolen property, or assisting in retaining stolen property when the value involved is less than Rs. 2,000. In summary trials, there is no requirement for the formal framing of charges.
Summons Case: Summons cases involve offences for which the maximum imprisonment term does not exceed two years. According to Section 251, when the accused person is brought before the court or voluntarily appears, they are informed about the specific offence they are alleged to have committed. In such cases, the court asks the accused whether they plead guilty or need to present a defence. The formal framing of charges is not necessary in summons cases.
Warrant Case (Sections 238-250): In warrant cases, the formal framing of charges in writing is required.
Trial before Sessions Court (Sections 225-227): Trials before the Sessions Court also necessitate the formal framing of charges in writing.
Trial Before the Court of Session (Chapter XVIII)
The process of framing charges under CrPC in the context of trials before a Court of Session is governed by Chapter XVIII of the CrPC. Section 228 of the CrPC outlines the specific procedures for framing charges in cases exclusively triable by the Court of Sessions and listed in the First Schedule of the CrPC.
Here’s an explanation of the key provisions related to the framing of charges in trials before a Court of Session:
Exclusive Trial by Court of Sessions: Section 228(1) stipulates that when the Court of Session considers the police report, examines other relevant documents and hears both parties and it finds reasonable grounds to presume the accused’s involvement in the commission of the offence, the following steps are taken:
a. Non-Exclusive Cases: If the case is not exclusively triable by the Court of Session, the court may frame a charge against the accused. Subsequently, it can transfer the case to the Chief Judicial Magistrate or any other Judicial Magistrate of First Class. The accused is then directed to appear before that court on a specified date. The Magistrate will then proceed to try the offence based on the charge framed by the Court of Session, following the procedure for trial under Warrant-Cases.
b. Exclusive Cases: If the case falls exclusively within the jurisdiction of the Court of Sessions, the court shall frame a charge against the accused.
Explanation of Charges: In cases where charges are framed by the Court of Session, the charges must be clearly explained to the accused and the accused is asked whether they plead guilty to the offence.
Necessity of Formal Charges: It is imperative that formal charges are framed when there is a presumption of the accused’s involvement in the offence, indicating a prima facie case. This is particularly crucial when the offence is exclusively triable by the Court of Session. Failure to adhere to this procedure may result in higher courts overturning the trial.
In essence, the process of framing of charges in trials before a Court of Session is a critical step to ensure that the accused is informed of the allegations against them and to maintain a fair and just legal process. The Court of Session must exercise its judgment to frame charges appropriately, as per the established procedure, to avoid legal complications in subsequent proceedings.
Trial of Warrant Cases By Magistrate (Chapter XIX)
In the context of trials of warrant cases by a Magistrate, which are covered under Chapter XIX of the Code of Criminal Procedure, Section 240 of the CrPC outlines the procedure for framing charges. Warrant cases typically involve offences that are punishable with imprisonment for a term exceeding two years.
Here’s an explanation of the key provisions related to the framing of charges by a Magistrate in warrant cases:
Magistrate’s Satisfaction: According to Section 240(1) of the CrPC, if the Magistrate is satisfied that the matter before them is triable and there are reasonable grounds to presume that the accused has committed the offence, the Magistrate shall proceed to frame charges in writing.
Framing of Charges: The Magistrate formally frames charges in writing. This is a crucial step in the legal process and involves specifying the allegations against the accused.
Explanation of Charges: Subsequently, the charges are explained to the accused in a clear and understandable manner. The accused is then asked whether they plead guilty to the charges. This process ensures that the accused fully understands the nature of the allegations against them.
It’s important to note that in warrant cases, it is the legal duty of the court to frame formal charges. This step is essential for maintaining transparency and fairness in the legal proceedings, allowing the accused to respond to the charges and exercise their legal rights appropriately. The formal framing of charges helps establish a clear foundation for the trial and ensures that the accused is fully informed about the case against them.
Judicial Analysis of Sections 238 & 240
These judicial observations provide valuable insights into the procedure and essentials of framing charges under CrPC in various legal contexts:
Niranjan Singh Karam Singh Punjabi v. Jitendra Bhimraj Bijjaya: The Supreme Court emphasised that during the stage of framing charges, the courts should consider that the allegations made against the accused are prima facie believable. The framing of charges relies on the “subjective satisfaction” of the courts. This implies that the court must assess whether there is a reasonable basis to presume the accused’s involvement in the offence.
State of Tripura v. Bhupen Dutta Bhowmik: The court underscored that at the stage of framing charges, the courts are obligated to examine the broad possibilities of the case. They must take into account preliminary evidence and ensure that the charges are justified based on the allegations made.
Bal Krishna Pandey v. State of Uttar Pradesh: In a case where the trial court took an extended period to frame charges, the Supreme Court stressed the importance of the “principle of speedy trial.” Delays in framing charges can affect the overall trial process and can be detrimental to the accused who may remain in custody during this time.
Mauvin Godinho v. State of Goa: The Supreme Court outlined the standard for framing charges under Section 228 Cr.P.C. It emphasised that a prima facie case against the accused is established when the evidence, taken as a whole, is sufficient to induce the court to believe in the existence of essential elements of the charge or to consider their existence highly probable. However, the court should refrain from conducting a detailed examination of evidence at this stage, as if it were a trial.
Minakshi Bala v. Sudhir Kumar & Ors: This case clarified that once a charge has been framed under Section 240, High Courts do not possess inherent powers to quash charges based solely on the police report or other documents. Such an action should be rare and limited to situations involving forensic exigencies or formidable compulsions.
What is the Time Limit for Charge Sheet?
The charge sheet is to be filed within 60 days from the date of arrest of the accused in cases triable by lower courts and 90 days in cases triable by Court of Sessions.
Conclusion
Framing of charges is a critical step in the criminal justice system. It involves the formal process by which a court formally accuses an individual (the accused) of committing a specific offence based on evidence and allegations presented by the prosecution. Framing of charges in CrPC serves to inform the accused of the charges against them, establish the legal foundation for a trial, ensure transparency in the legal process, protect the accused’s rights and set the stage for the trial itself.
It’s important to understand that the framing of charges does not equate to a determination of guilt; it is simply the formal accusation. The accused is considered innocent until proven guilty in a court of law and the trial is the venue where evidence is presented, witnesses are examined and the ultimate determination of guilt or innocence is made.
Overall, framing of charges is a fundamental component of the criminal justice system, ensuring due process, fairness and the protection of the rights of both the accused and the prosecution.