Wife filed 498A case

Ishrath Mahi

The term “Framing of Charges” means drawing up in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime for which he is charged . Substance of the specific accusation as to the date , time , place , the person against whom or the things , in respect of which the crime is allegedly committed , the circumstances of the crime , the law and sections allegedly violated , are written in the charge sheet as well as read over and explained to the accused in order to make him aware regarding the full particulars of the allegation against him so that he can take his defence properly . The Judge or Magistrate is not bound to frame the charge blindly on basis of the charge sheet filed by the police . The Judge or Magistrate may add new sections of law , if there are materials , in addition to the sections of law mentioned in the charge sheet filed by the police or may not accept any section of law , if there is no material , mentioned in the charge sheet filed by the police . If the accused , hearing the substance of accusation , pleads him guilty , he is convicted then and there but if he pleads not guilty , the trial begins .

Thus, it can be aptly stated that the charge-sheet is filed by the investigating authorities as per the Section 173 of the Cr.P.C. and the Charges are farmed by the concerned magistrate, after perusing the charge-sheet submitted by the investigation agency and thereafter, applying his own mind. It is also stated that after framing of the charges, the criminal trial begins.