What will exactly be the offense in a criminal case?
Prakash
(Querist) 01 May 2012
This query is : Resolved
Ld Counsels,
In a criminal case initiated through a police complaint what will be the exact offense?
FIR was registered for offense u/s 420 based on a complaint by wife against husband. As per police Charge sheet was offense is u/s 420.
in the 161 statement wife's father and mother falsely improved the allegations with dowry demand and rope in husbands father and mother further repeated the same allegations in their testimony in court.
Will these improved allegations which were not there in the complaint filed by wife and police chargesheet enable the court to alter the charges and array husband's parents also as accused.
it gives an impression that any false allegations which are after thought also permits the court to frame additional charges and array more accused putting them in prejudice.
Please clarify. Thanks.
ajay sethi
(Expert) 01 May 2012
FIR forms basis of the complaint regsitered . if certian allegations have not been mentioned in FIR it would appear that these allegations are more of an after thought .
the evidence given by parents will have to be proved . court has to be satisfied about genuine ness of allegations contained in testimony .
Devajyoti Barman
(Expert) 01 May 2012
The improvement of allegations staetd u/s 161 crpc has no value as far as ne charges are concerned.
After the submission of charge sheet the Police or the de facto complainant can not add new charge except with the permission of court or after re investigation.
Guest
(Expert) 01 May 2012
As you said that police submitted charge sheet under section 420 I.P.C. It clearly shows that police and prosecution put their case under section 420 IPC... Now as soon as the charge sheet has been filed before concerning Judicial Magistrate, the Magistrate should ve apply his mind on the ingredients of the offence and proceed further in the case... After perusing the complete challan papers if magistrate thinks that some more offences has been committed then he can take cognizance of other offences too.... so far as the improvements are concerned, its the matter of trial n can be taken in consideration at the final stage of trial in appreciation of evidence...
Options for you...
1. Argue on the cognizance...
2. If Magistrate took cognizance of other offences too then file revision petition before Sessions Court.
Shonee Kapoor
(Expert) 01 May 2012
I concur with the provided opinion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PARTHA P BORBORA
(Expert) 01 May 2012
It appears from you quary that it is not a case of 420 IPC. IT is a case physical assault demanding dowry. So, in my opinion the magistrate will frame charge under section 498 A and D P Act. The court has the power to alter charge at any stage of the trial before pronouncement of the judgement.
Adv.R.P.Chugh
(Expert) 01 May 2012
Dear Mr.Prakash,
1. The Court is not bound by what the police charge you under, in other words even if you've been charged by police of 420 IPC, the magistrate if free to take cognizance u/s 498A etc if is manifestly made it out in the statements etc.
The same is true about arraying of accused, the court is free to take cognizance against persons not charged by the police, if their role is manifest.
Remember these cognizance orders can be challenged via Revision or quashing.
2. FIR sets the criminal law into motion, if there were no dowry allegations in the FIR/Complaint, but later in 161 as an afterthought other offences & people were roped in, it would command little credibility, a lot would depend on the formality of FIR, if the document is too formal meticulously drawn up, such ommissions may be fatal and too material to ignore. Hence it's too circumstantial.
3. The Court even after framing of charges can alter charges at any stage, and initiate addittional prosecution u/s 319 CrPC - if on evidence it appears somebody else was also privy to the offence and may be charged together with present offendors (However this power is indeed extraordinary and to be exercised in rarest of rare cases)
Feel free to talk !
