CR.
LAW -COMPARATIVE CRIMINAL PROCEDURE CODE (Hons II)
PROJECT
On
FRAMING OF CHARGES UNDER CRPC
Submitted to:
DR.PARVESH KUMAR RAJPUT
Assistant Professor
Faculty of Cr. Law Comparative Criminal Procedure Code (Hons II)
Submitted by:
Rajshee Singh
Roll No. - 117
Semester VIII, Section B
I.D. NO.- 017/2017/1792
BA.LLB (Hons.)
Submitted On:
5th April, 2021
HIDAYTULLAH NATIONAL LAW UNIVERSITY
Uparwawa Post, Abhanpur, Atal Nagar, Raipur (C.G.) – 492002
DECLARATION
“I Rajshee Singh have undergone research of the project work titled “FRAMING OF
CHARGES UNDER CRPC”, as a student of Comparative Criminal Procedure Code. I hereby
declare that this research project has been prepared by the student for academic purpose only,
and is the outcome of the investigation and preparation done by me under the able guidance and
supervision of DR. PARVESH KUMAR RAJPUT, Assistant Professor, Cr. Law Comparative
Criminal Procedure Code (Hons II), Hidayatullah National law University, Raipur. The authors
endorses certain views as her own and gives due credit to the jurists wherever required”.
Rajshee Singh
Roll no. - 117
Semester-VIII, Section-B
i
ACKNOWLEDGEMENT
“I feel highly elated to work on the topic“FRAMING OF CHARGES UNDER CRPC”. The
practical realization of this project has obligated the assistance of many persons. I express my
deepest regard and gratitude for DR.PARVESH KUMAR RAJPUT. His consistent supervision,
constant inspiration and invaluable guidance have been of immense help in understanding and
carrying out the nuances of the project report”.
Rajshee Singh
Semester-VIII Roll No.-117
BA.LLB (Hons.)
H.N.L.U, Raipur
ii
CONTENT
Declaration _______________________________________________i
Acknowledgement __________________________________________ii
Section – 1 Introduction ____________________________________ 1-2
Section – 2 What are Charges _______________3-4
Section – 3 Purpose of Framing of Charges____________________5
Section – 4 Framing of Charges under CrPC. ___________________6-7
Conclusion _______________________________________________8
References ________________________________________________8
iii
INTRODUCTION
“The basic requirement of a just and fair trial in Criminal Cases is to give accurate information to
the accused as to the accusation against him. This step is very important as it helps the accused in
the preparation of his defence. Informing the accused about the accusation takes place at the
beginning. If the case is of serious offence or nature then it is mentioned under the code that the
accusation so made must be reduced into writing with correctness and clarity, This “CHARGE”
is the read or to be read and explained to the accused person.”
“CHARGE – shall give the accused full notice of the offence charged against him. The purpose
of 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 certainty.”
RESEARCH METHODOLOGY:-
“The study relied extensively on documentary sources of data. This report is done with the help
of secondary sources of data. The secondary information has been obtained from public sources
such as books, electronic source of data; internet and other references as guided by faculty of
Comparative Criminal Procedure Code are primarily helpful for the completion of this project”.
OBJECTIVES:-
The project aims to attain the following objectives:
1. To know what are charges.
2. To know the purpose behind framing of charges and difference between trail and charge.
3. To know how and under what provisions of the code charges are formed.
MAJOR FINDING:-
The research project is prepared to provide the knowledge regarding framing, purpose and
registration of charge under CrPC.
1
CHAPTERIZATION:-
The following report has five chapters:
CHAPTER 1 Introduction
CHAPTER 2 what is charge
CHAPTER 3 purpose of framing of charge and difference between trial and charge.
CHAPTER 4 Framing of charge under CrPC.
CHAPTER 5 Conclusions.
2
CHARGE
“Charge serves the purpose of notice or intimation to the accused, drawn up according to specific
language of law, giving clear and unambiguous or accurate notice if the nature of accusation that
the accused is called upon to meet in the course of a trial.”1
Under Criminal Procedure code, SECTION 2 (B) defines “CHARGE” that too in an inclusive
manner. If we go by the mentioned provision, “the charge includes any head of the charge when
there are more heads than one”.
“The code defines the Charge but still the definition of charge is not clear and it is vague and
beyond the understanding of a common man or layman. A person can carry out or commit
several offences by his one single act. For example – x stole all the antiquities in z’s house by
keeping all the inmates at gunpoint. If we look at the offences that x committed are house
trespass, theft, theft in a residence, illegal possession of arms, assault and there can be many
more.”
“Now when a Criminal Prosecution Commence, the Accused is informed by the Magistrate of all
the offences that he committed during his single act and which have been alleged against him.
All the offences in single offence is called “HEADS OF CHARGE” and when together
known as “CHARGE”, this is what contemplated by Section 2 (b) of the CrPC.”
“If we look at the meaning of the charge, then it means “the allegations or offences that have
been pitched on the person”. If we go by the above example then, if x committed a theft then
charge is theft. We can say the “charge is a formal recognition granted to the act of the accused
person by a magistrate to allow the person to have knowledge about his act”.”
“DIFFERENCE BETWEEN TRIAL AND CHARGE”:-
1. Charge – “Prosecutor files the charge-sheet containing charges in the court”. Trial
–“After receiving the charge-sheet, Magistrate takes the cognizance of the case and starts
proceedings”.
1
“V.C. Shukla v. State, 1980 Supp SCC 92: 1980 SCC (Cri) 695, 753: 1980 Cri LJ 690, 732”.
3
2. Charge – “Charge sheet contains Police reports, FIR, investigation, names and
description of the accused and witnesses”. Trial –“Cognizance of the case be receiving
the charge-sheet is the first step of the trial and it includes all the proceedings of the court
and the final judgement”.
3. Charge –“Preparation and filling of the charge-sheet are done by police and prosecutor,
which is purely executive nature”. Trial –“it is conducted by the court, it is of judicial
nature”.
4. Charge –“a charge-sheet cannot be filled by private person, although a complaint can be
filed by him in a non-cognizable offences, most of the cases that are filed by the police
comes under cognizable offences. Trial –“Whether a complaint or charge-sheet, the
court conducts the proceedings judicially”.
5. Charge –“Up to filling the charge-sheet, it is in the PRE-TRIAL PROCESS”. Trial
–“As soon as the court takes the cognizance of a charge-sheet, the trial starts which is the
TRIAL PROCESS”.
4
PURPOSE OF FRAMING OF CHARGES
“In the case of “V.C. SHUKLA V. STATE”2, the ruling of a four-judge bench of the Supreme
Court, Justice Desai delivered a concurring opinion he stated that “the purpose of framing of
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”.”
“According to the general practice and basic rule “the charge must be specific and not elongated.
This allows the accused to prepare his defence on the specific charge. Moreover, charge also
allows the prosecutor to prepare its case and the evidence to commence the prosecution”.”
“The prosecutor is burdened to prove its case before the court. If seen in common parlance, “the
prosecutor has the burden to prove beyond a reasonable doubt that the accused is guilty of the
offences charged with.””
“In practice, “the weight of this burden changes from offence to offence. Offences which are
punishable with severe sentences such as imprisonment for 7 years or levy greater burden on the
prosecution than an offence punishable with 3 years’ incarceration”.”
“We can say that “it is essential that all the heads of charges are specifically and more fully
described to allow the prosecutor to analyze the amount of evidence that would be essential to
obtain a conviction”.”
2
“C.B.I, 1980 Supplementary SCC 92 at page 150 and paragraph 110.”
5
FRAMING OF CHARGES UNDER CRPC
“Framing of charges is sometimes considered as formality but it is not merely a formality, it is a
“JUDICIAL ACT”, one is required to frame charges after application of mind. Under SECTION
228 of the code, it is mentioned 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”. Section
227 and section 228 are read together and “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”.”
1. “When charge may be framed:- all the warrant cases triable by a court or court of
session or by a magistrate, a charge that is formal is required to be formed. This is
however not necessary in summons case. In the case of “UNION OF INDIA V.
PRAFULLA KUMAR”3, following Principles were laid down by the Supreme Court”:-
“That the judge while considering the question of framing the charges under
section 227 of 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”.
“Where the materials placed before the court the accused which has not been
properly explained, the court will be fully justified in framing charges and
proceeding with the trial’.
“The test to determine a prima facie case would naturally depend upon the facts of
each case”.
“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”.
2. “Section 240 – Framing of Charge”:-
“Considering the police report and the documents sent with it under section 173
and after examining the accused and hearing the parties, if he magistrate is of the
opinion that the accused has committed an offence which he is competent to try
3
“AIR 1979 SC 366: (1979) 3 SCC 4: 1979 Cr.Lj 154: (1979) 3 SCR 1”.
6
and could be adequately punished by him, he shall frame a charge. The charge
should be read and explained to the accused.”
“It is not necessary for the trial court to write a reasoned order for the purpose of
framing charges”4.
“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”.5
3. “Examination of accused”:-
“SAJJAN SHARMA V. STATE OF BIHAR” 6, “Police Officers were accused,
they arrested a person taking bribe and it was also known that the person was
asthama patient. He was put in a window-less room, dust filled room, next day he
was brought to the hospital because of asthama attack. His body showed no signs
of pulse or respiration. The court held that the 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.”7
4
“Munna Devi v. State of Rajasthan (2001) 9 SCC 631”.
5
“State (CBI) V. Bangarappa, AIR 2001 SC 222: (2001) 1 SCC 369: 2001 Cr.Lj 111”.
6
“AIR 2011 SC 632: 2011 Cr.Lj 1169”.
7
“Indu Jain v. State of M.P., AIR 2009 SC 976: (2008) 15 SCC 341: 2009 Cr.Lj 951”.
7
CONCLUSION
“The charge is the foundation of the accusation and every care must be taken to see that it is not
only properly framed but evidence is only tampered with respect to matters put in the charge and
not the other matters”, following was held in the case of “RAMAKRISHNA REDKAR V.
STATE OF MAHARASHTRA”8.
During criminal trial while framing a charge, it is based upon a police report and the court
confines its attention to documents referred to under section 173. “The sections dealing with the
charge do not mention who is to frame charge. The provisions dealing with different types of
trials however provide that it is always for the court to frame the charge. The court may add to
any charge at any time before the judgement.” However if a person has been charged, the court
cannot drop it this was held in the case of “STATE OF MAHARASHTRA V. B.K.
SUBBARAO”9.
“He has either to be convicted or acquitted; all this has an important bearing on the
administration of justice.”
REFERENCE
N. Chandrasekharan Pillai, R.V. Kelkar’s Criminal Procedure (6th ed. 2014).
Ratanlal & Dhirajlal, Commentary on the Code of Criminal Procedure (18th ed. 2006).
mondaq.com/India/crime/257582/framing-of-charges-an-overview.
https://www.legalhelplineindia.com/framing-of-charge-in-crpc/.
http://www.legalservicesindia.com/article/1122/Framing-of-Charge-In-Criminal-
Cases.html#:~:text=observed%20as%20infra%3A-,The%20purpose%20of%20framing
%20a%20charge%20is%20to%20give%20intimation,of%20this%20Court%20in
%20V.C.
8
“1980 Cr.Lj 254 (Bom)”.
9
“1993 Cr.Lj 368 (Del)”.
