Framing of Charges under CrPC
Framing of Charges under CrPC
What is Framing of Charges?
Framing of charge is a formal step in a criminal trial where the court formulates the precise accusation(s) against the accused after the completion of the investigation and preliminary examination of evidence.
It informs the accused about the case they have to answer.
Legal Provisions
The main sections dealing with framing of charges are:
Section 211 (for warrant cases)
Section 213 (for summons cases)
Section 216 (power to alter or add charges)
Section 227 (charge in Sessions Trial)
Section 228 (summoning witnesses and framing charges in Sessions Trial)
Section 239 (charge in warrant cases tried summarily)
When are Charges Framed?
Charges are framed after the prosecution has presented sufficient evidence to prima facie establish the accused’s involvement.
The court decides if there is “ground for presuming that the accused has committed an offence.”
Who Frames the Charges?
The Magistrate frames charges in warrant or summons cases.
The Sessions Judge or Magistrate frames charges in Sessions trials.
Procedure for Framing Charges
Examination of Evidence
After the prosecution’s evidence, the court examines the materials to see if a charge can be framed.
Formulation of Charge
The charge should be clear, concise, and specify the offence(s) alleged.
Reading and Explaining to Accused
The charge is read and explained to the accused in a language they understand.
The accused is asked to plead guilty or not guilty.
Recording Plea
If the accused pleads guilty, the court may convict.
If not guilty, the trial proceeds to examination of witnesses.
Importance of Proper Framing of Charges
Ensures fair trial by informing accused of the exact allegations.
Helps avoid multiple trials by including all offences that can be tried together.
Prevents acquittals on technical grounds due to vague or incorrect charges.
Alteration or Addition of Charges (Section 216 CrPC)
The court may alter or add to the charges at any stage if new facts come to light.
Such alteration should not prejudice the accused.
Sessions Trial (Sections 227 & 228)
In Sessions cases, charges are framed after the committal of the case by the Magistrate.
The Sessions Judge may also summon witnesses before framing charges.
Summary Table
| Aspect | Details |
|---|---|
| When to frame charge | After prosecution’s evidence prima facie supports offence |
| Who frames charge | Magistrate (Warrant/Summons cases), Sessions Judge (Sessions trial) |
| Purpose | Inform accused of allegations and seek plea |
| Accused’s plea | Guilty or Not Guilty |
| Alteration of charges | Allowed under Section 216 CrPC if new evidence arises |
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