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SIKSHA ‘O’ ANUSANDHAN

DEEMED TO BE UNIVRSITY
SOA NATIONAL INSTITUTE OF LAW

SUBJECT- CRIMINAL PROCEDURE CODE- II

TOPIC
IC- FRAMING OF CHARGE

SUBMITTED TO:
TO:- SUBMITTED BY:-
BY:
SRNIBAS NAYAK RUPAL DASH
ASSITANT PROFESSOR BBA LLB (H)
H)
2141801057
SECTION-‘B’
‘B’
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DECLARATION

I, the undersigned Miss Rupal Dash declare that the work embodied in this
project work hereby, titled “FRAMING OF CHARGE”, forms my
contribution to the research work carried out under the guidance of Mr. Srnibas
Nayak is a result of my own research work and has not been previously
submitted to any other University for any other legal work to this or any other
University.

Wherever reference has been made to previous works of others, it has been
clearly indicated as such and included in the bibliography.

I further declare that all information in this document has been obtained and
presented in accordance with academic rules and ethical conduct.

RUPAL DASH

2141801057
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ACKNOWLEDGEMENT

I would like to convey my heartfelt gratitude to Mr. Srnibas Nayak for his
tremendous support and assistance in the completion of my project, and I would
like to take this opportunity to express my gratitude for providing me with this
wonderful opportunity to work on a project on the topic of FRAMING OF
CHARGE. The completion of the project would not have been possible without
his help and insights.

RUPAL DASH

2141801057
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PREFACE
In the context of criminal law, framing of charge is the formal process where a
court accuses an individual (the accused) of committing a specific crime. It
happens after an investigation and is based on the evidence and allegations
presented by the prosecution. Here's a breakdown of what framing of charge
entails:
 Formal Accusation: The court translates the allegations from the
investigation (often stemming from a police report) into a formal legal
document called a charge sheet.
 Specificity: The charge sheet clearly outlines the exact offense the
accused is alleged to have committed. This includes referencing the
relevant sections of the law that apply to the crime.
 Informing the Accused: The framed charge is presented to the accused,
ensuring they understand the nature of the accusations against them. This
allows them to prepare a defense and respond appropriately.
 Foundation for Trial: Framing a charge sets the stage for the trial. The
prosecution and defense will argue their cases based on the specific
offense outlined in the charge sheet.

Key Points to Remember:

 Framing a charge does not determine guilt. The accused is presumed
innocent until proven guilty beyond a reasonable doubt during the trial.
 It's a critical step in the criminal justice system, guaranteeing due process
and a fair trial.
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INTRODUCTION

Framing of charges is the point in a criminal case where the court lays out the
official accusation against the defendant. It's like a formal indictment, clearly
stating what crime the person is alleged to have committed, based on evidence
gathered during the investigation.
This step is crucial for several reasons:
 Informs the Accused: It ensures the defendant understands exactly what
they're being charged with, allowing them to prepare a proper defense.
 Fair Trial: A clear charge sheet promotes a fair trial by establishing the
legal basis for the proceedings. Both prosecution and defense know what
they need to argue.
 Due Process: It upholds the right to due process by guaranteeing the
accused isn't left guessing about the accusations against them.
 Presumption of Innocence: Even with charges framed, the defendant is
presumed innocent until proven guilty beyond a doubt in court.
 Framing of charges is the bridge between investigation and trial, setting
the stage for a just and transparent legal process.

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 accuse 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.
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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.
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 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
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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 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.
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 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
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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 accuser’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.
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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 emphasized 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 accuser’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
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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.
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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.
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BIBLIOGRAPHY

1. Legislative Text:

 The Code of Criminal Procedure (1973) CrPc Bare act

2. Legal Database:

 Manupatra
 SSC
 Database provided from institution’s library

3. Legal Commentaries:

 Commentaries on the Code of Criminal Procedure by legal

scholars

4. Website:

 Indian Kanoon
 ipleaders
 Law Octopus
 Path Legal