Genuiness of IPC section imposition

Ranjeet Singh chauhan (Querist) 05 January 2010 This query is : Resolved
HI,

I have witnessed through media that xyz person has been imposed with IPC section 123,456,789.

Now in the very first hearing does judge cross check imposition of section against any person which are mentioned in the charsheet/FIR.

for example police has imposed section 302 of IPC where member of culprit know that he should be file under 307.

Police officer was asking for bribe to impose minor setion on person where guilty person has done something which is severe and should be imposed severa sectin in place of minor section.

I tried my best to xpress my query and hope will get positive comments as always.

Ranjeet

President (Social Empowerment & Welfare Association) NGO

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Devajyoti Barman (Expert) 05 January 2010
As per my understanding of your query the accused person may pray for alteration of charge if he thinks that he has been charged with some sections of graver offence which is not otherwise applicable to him then he may file petition u/s 216 of CrPC.

Raj Kumar Makkad (Expert) 06 January 2010
If under bribe, police officer has imposed lesser sections even then complainant at the time of his evidence is free to get imposed all actual sections through court. Argument at the time of framing the charges by court can also be led by the counsel for the complainant.