CHARGE UNDER CRIMINAL PROCEDURE CODE, 1973 AND EFFECT OF DEFECT IN FRAMING OF CHARGE

Dr. Vandana Thakur

Abstract


INTRODUCTION
The Criminal Procedure Code, 1973 provides complete
mechanism right from setting in motion the criminal
machinery either by way of complaint, FIR and suo motu
cognizance by Magistrate, till the culmination of criminal trial
by way of judgement. There are various stages in the journey
of a criminal trial and one of the most important stage of a trial
is framing of charge by the court. It is incumbent upon the court
trying an offender in a warrant case to give notice of the
accusation explaining with precision that what are the
allegations which the accused is facing in the trial. The
purpose of framing of charge is to make the accused aware of
the allegations against him before the trial of the case begins.
In a criminal trial it is considered necessary that an accused
must know that what has been alleged by the victim against
him and what is the charge which prosecution is supposed to
prove against him during the course of trial. It is a cardinal
principle while administering justice in criminal cases that an
accused must know at the very beginning of the trial the exact
nature of the accusation against him. The court while dealing
with the issue of charge consider the allegations and the
material on record submitted their with and after hearing the
prosecution and affording an opportunity to the accused
person, proceeds to frame the charge on the accused person
of the offence and further x the date for recording of evidence.
But if there is no sufcient material for proceeding against the
accused, court may exonerate the accused at the initial stage
without any further proceedings by discharging him on
assigning the reasons for doing so.


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