EXAMINATION OF ACCUSED AND FRAMING OF CHARGES

Sri B. GAUTAM PRASAD,

1st AddL. District & Sessions Judge,
Srikakulam.

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01. We all know that under Code of Criminal Procedure 1973,

four types of trials are prescribed for adjudicating criminal cases.

They are:

(1) Summary trial cases; (Section 260 to 265 Cr.PC)

(2) Trial of summons cases; (Section 251 to 259 Cr.PC)

(3) Trial of warrant cases, (Secs. 238 to 243 & 244 to 247
Cr.PC)

(4) Trial of cases triable by a Court of Session (Secs.205 to

237 Cr.PC)

02. Different trial procedures are adopted in the Code to

enable the court to try the cases summarily in minor offences while

adopting elaborate procedure in warrant cases and more elaborate

procedure in sessions cases

03. EXAMINATION OF ACCUSED.

Before commencing trial of a criminal case, examination of the

accused in summary trial cases, summons trial procedure cases and

warrant trial procedure cases is prescribed under Sections 251 and

239 Cr.PC. But in trial of Sessions case by Sessions court, no specific

procedure for examination of accused before commencing trial is

prescribed,.

04. So far as the summary trial cases are concerned, the

procedure for trial is laid down in Section 262 Code of Criminal

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Procedure. So in summary trial cases and summons procedure cases,

the examination of the accused has to be conducted under section

251 Code of Criminal Procedure.

05. Under section 251 Code of Criminal Procedure, when the

accused appears or is brought before the Magistrate, particulars of

the offence with which he is accused or the accusation leveled against

the accused shall be stated to him and he shall be asked whether he

pleads guilty or has any defence to make. Either in summary trial

cases or in summons procedure cases, it is not at all necessary to

frame a charge against the accused person. If the accused pleads not

guilty and claims to be tried after his examination under section 251

Cr.PC in a summary trial case, court has to conduct trial by following

the procedure for summary trials and pronounce judgment under

section 264 Cr.PC.

06. So far as trial of summons cases by the Magistrate is

concerned, chapter XX of the Code of Criminal Procedure deals with

it. Section 250 to 258 Code of Criminal Procedure deal with the

procedure for trial of summons cases by Magistrates. Like, summary

trial, in the trial of summons cases also the substance of the

accusation levelled against the accused i.e., particulars of the offence

levelled against the accused shall be explained to the accused and the

court has to ascertain whether the accused pleads guilty or claims to

be tried or has any defence to him. In the trial of summons cases also

there is no need to frame any charge. During examination under

section 251 Code of Criminal Procedure if he pleads guilty the

Magistrate shall record admission of the commission of the offence by

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the accused as may be as possible in the words used by the accused

and may in his discretion convict the accused.

07. The very fact that in a Summons Case there is no specific

provision of a discharge, unlike in Warrants Case (S.227/239/245 of

the CrPC) speaks volumes as to the legislative intent of not having an

elaborate hearing at the time of framing of charge. What also deserves

to be borne in mind is the fact that Summons Cases were not

envisaged to be as longdrawn out as Warrants Case and the need for

a specific discharge hearing was ousted.

FRAMING OF CHARGE
What is charge:

08. Charge is accusation made against person in respect of the

offence alleged to have been committed by him.

09. Section 2 (b) of Code of criminal Procedure "Charge"

defined as under:
"Charge" includes any head of the charge when the charge
contains more head than one.

10. The question of framing charge arises only when the court

finds that the accused is not entitled to discharge under Sections 227

and 239 Code of Criminal Procedure in Sessions Cases and Warrant

Cases and the provisions relating to discharge of the accused are very

important and the Judge must consider first whether there are any

sufficient grounds for proceeding against the accused.

11. Section 227 Code of Criminal Procedure empowers the

Sessions Judge to discharge the accused in case he finds that there is

no sufficient ground for proceeding against the accused. Likewise

Section 239 Code of Criminal Procedure empowers the Magistrate to

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discharge the accused in case the charge levelled against the accused

is groundless. In both the cases reasons for doing so, are to be

recorded.

12. Sections 228 and 240 of Code of Criminal Procedure deal

with framing of charge in Sessions Case and Warrant Cases

respectively.

13. 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.

14. 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 his 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.

15. The stage of framing of charge in both Warrant cases and

Sessions Cases come only if the accused is not discharged under

Section 227 Code of Criminal Procedure by the Sessions Judge in

Sessions Cases and under Section 239 Code of Criminal Procedure by

the Judicial Magistrate of 1st Class in warrant cases.

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16. Charge shall give the accused full notice of the offence

charged against him. The primary object of framing of charge to tell

the accused person precisely and concisely about what the

prosecution intends to prove against him. Framing of charge is vital

part in a criminal trial.

17. The Ho'ble Apex Court in V.C.Shukla Vs. State reported

in C.B.I.1980 Supplementary SCC 92 at page 150 opined that the

purpose of framing a charge is to give intimation to the accused of

clear, unambiguous and precise notice of the nature of accusation

that the accused is called upon to meet in the course of trial.

18. What should a charge contain.

Section 211 of the Code of Criminal Procedure, Contents of

charge:=

(1) Every charge under this Code shall state the offence with
which the accused is charged.

(2) If the law which creates the offence gives it any specific
name, the offence may be described in the charge by that
name only.

(3) If the law which creates the offence does not give it any specific
name, so much of the definition of the offence must be
stated as to give the accused notice of the matter with which
he is charged.

(4) The law and section of the law against which the offence is
said to have been committed shall be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement

that every legal condition required by law to constitute the
offence charged was fulfilled in the particular case.

(6) The charge shall be written in the language of the Court.

(7) If the accused, having been previously convicted of any offence,

is liable, by reason of such previous conviction, to enhanced
punishment, or to punishment of a different kind, for a
subsequent offence, and it is intended to prove such
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previous conviction for the purpose of affecting the

punishment which the Court may think fit to award for the
subsequent offence, the fact, date and place of the previous
conviction shall be stated in the charge; and if such
statement has been omitted, the Court may add it at any time
before sentence is passed.

19. Law regarding framing of charges is now well settled.

It is permissible for a trial Judge to sift and weigh the evidence for the

limited purpose of finding out whether or not prima facie case against

the accused has been made out or not. The material to determine

prima facie case would depend upon the facts of each case. However it

is not expected to decide the credibility and truthfulness of the

available material at the stage of charge. The disputed defence of

accused cannot be taken into consideration at this stage. Sufficiency

of material or evidence is not required for framing of charges unless

court finds that the materials are completely and absolutely absent for

the purpose of trial. It is well settled that when there is evidence

indicating strong suspicion against accused, the trial court will be

justified in framing of charge and granting an opportunity to the

prosecution to bring on record the entire evidence for the purposes of

trial.

(B. GAUTAM PRASAD)

1st Addl.District & Sessions Judge,
Srikakulam.
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