Framing of charges
Ranganath
(Querist) 30 July 2009
This query is : Resolved
Ld counsels,
This is about framing of additional charges by the magistrate. It appears that framing of additional charges (over and above what is mentioned in FIR) is very subjective on the ground that there is strong suspicion of commission of offense.
Can the court rope in new accused into the case if some offense is revealed in the statements u/s 161 wile framing charges.
When new charges are added can that be revised by a higher court.
Please clarify
Thanks
SHYAMSUNDAR
(Expert) 30 July 2009
At any stage the court can frame additional charge if it deems fit. Even if the matter is posted for statement u.sec.313, and a new offender is revealed the court can frame additional charge and try the accused thereafter.
mahendra rai jain
(Expert) 30 July 2009
228. Framing of charge.
(1) If, after such consideration and hearing as aforesaid, the Judge is of 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.
(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.
240. Framing of charge.
(1) If, upon such consideration examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in opinion could be adequately punished by him, he shall frame in writing a charge against the accused.
(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.
Kiran Kumar
(Expert) 30 July 2009
216. Court may alter charge.
(1) Any court may alter or add to any charge at any time before judgment is pronounced.
(2) Every such alteration or addition shall be read and explained to the accused.
(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the court to prejudice the accused in his defence or the prosecutor in the conduct of the case the court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.
(4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the court to prejudice the accused or the prosecutor as aforesaid, the court may either direct a new trial or adjourn the trial for such period as may be necessary.
(5) lf the offence stated in the altered or added charge is one for the prosecution of which previous section is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction had been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.
217. Recall of witnesses when charge altered.
Whenever a charge is altered or added to by the court after the commencement of the trial, the prosecutor and the accused shall be allowed-
(a) To recall or re-summon, and examine with reference to such alteration or additiona, any witness who may have been examined, uniess the court, for reasons to be recorded in writing, considers thal the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends ofjustice;
(b) Also to call any further witness whom the court may think to be material.
the provisions i ve given above r from the Criminal Procedure Code.
such an alteration may be directed at the application of the parties.
court can rope in more accused no doubt but prior to that the court shall be satisifed keeping in view the entire evidence before it.
319. Power to proceed against other persons appearing to be guilty of offence.
(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which Such person could be tried together with the accused, the court may proceed against such person for the offence which he appears to have committed.
(2) Where such person is not attending the court he may be arrested or Summoned, as the circumstances of' the case may require, for the purpose aforesaid.
(3) Any person attending the court although not trader arrest or upon a summon, may be detained by such court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.
(4) Where the court proceeds against any person under subsection (1) then-
(a) The proceedings in respect of such person shall be commenced afresh, and witnesses re-heard.
(b) Subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the court took cognizance of the offence upon which the inquiry or trial was commenced.
so these r the relevant provisions to be taken into consideration.
rest u should consult ur local lawyer.
PALNITKAR V.V.
(Expert) 30 July 2009
Mere suspicion is no proof. Hence, charge can not be framed merely on suspicion. But if a prima facie case is made out from the statements u/s 161 or from the evidence on oath then charge can be framed/amended at any stage. If the accused is not happy with the amended/added charge, he should file revision.
Ranganath
(Querist) 30 July 2009
Thanks a lot to all the Ld counsels.
Ranganath
(Querist) 30 July 2009
It looks like magistrate has enough powers to enforce the rule of law.. Which overrides any scrupulous investigation done by police.
But these days where false cases are on the rise.. a complaint with vague and omnibus allegations if registered as FIR is nothing short of a blanket license to prosecute and harass personal enemies..
Does anyone agree on this.
PALNITKAR V.V.
(Expert) 31 July 2009
You are true to some extent. There are instances of filing of false cases with the help of investigating agency and false witnesses.
