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Framing of Charges

 


Criminal law is set into motion as soon as an FIR is lodged u/s 154 of the Cr.P.C. Practically before lodging an FIR, the crime spot is visited the police men who are informed about the happening of the alleged crime. Upon lodging an FIR the police gets into the process of arresting the accused. After the accused is arrested, he produced before the "NEAREST MAGISTRATE" who then decides whether the accused has to be a given a bail or be kept in police custody or sent to judicial custody. After the investigation is completed, the police files a report before the magistrate u/s 173 of the Cr.P.C., this report is commonly called the "POLICE REPORT. It contains:

1) name of the parties involved.

2) the facts of the complaint

3) versions of the complaints and the accused

4) statements of the witness, evidence gathered in the course of investigation, medical reports, reports by various agencies etc and any other necessary information gathered during investigation.

After the report is filed, the case is committed to the magistrate who is authorized to take cognizance of the case. The accused is then brought before the court (if not given bail) or he appears before the court himself (if given bail). After this the public prosecutor u/s 226 of the Cr.P.C. is called upon to open the case of the prosecution by describing the charges brought against the accused and by stating the various evidence which he propose to lay before the court in order to prove the guilt of the accused. In this he may lay before the court the evidence gathered during the investigation by police or any other additional evidence. The public prosecutor in his arguments shall try to justify the charges brought against the accused with help of evidence; he may further pray to enhance the charges against the accused with the help of evidence.

After hearing the public prosecutor, the accused is also given an opportunity to present his case through his counsel. During this stage the accused may also plead guilty or may claim to be tried. If the accused claims to be tried the defense counsel in his arguments shall then try to prove the innocence of the accused using the evidence on record or any other evidence which prima facie prove the innocence of the accused. During this stage the accused may also plead guilty or may claim to be tried. Upon listening to the submission of both the parties the judge has two options, either to frame charges against the accused or to discharge the accused.

If upon consideration of the case and documents submitted and arguments heard the judge considers that there is not sufficient grounds for proceeding against the accused he shall then discharge the accused u/s 227 of the Cr.P.C. However if the judge upon hearing the arguments and documents produced is of the opinion that there are reasonable grounds for presuming that the accused has the offence/s alleged he shall then formally frame charges against the accused u/s 228. Section 228 of the Cr.P.C. is an important section since it is after the framing of charges by the court the actual trial begins.



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