Code
(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.
STATE AMENDMENT
Chhattisgarh
In sub-section (2) of section 240 of the Principal Act, after the word “to the accused” the following shall be added:–
“present either in person or through the medium of electronic video linkage in the presence of his pleader in the Court.”
[Vide Chhattisgarh Act 13 of 2006, s. 5.]
Explanation
This section outlines the procedure for the Magistrate to frame charges against the accused after the prosecution has presented its evidence and the accused has had the opportunity to respond.
- The Magistrate examines the evidence presented by the prosecution and considers the accused’s response.
- If the Magistrate finds sufficient grounds to proceed against the accused, they will frame the charges, specifying the offenses alleged against the accused.
- The charges must be read out to the accused in a language they understand, and the accused is given the opportunity to plead guilty or not guilty.
Illustration
Imagine a case where a person is accused of theft. The prosecution presents evidence, including witness testimony and physical evidence, to prove the accused’s involvement in the theft. After the defense presents its case, the Magistrate reviews the evidence and determines if there is sufficient ground to proceed. If the Magistrate finds sufficient ground, they would frame charges against the accused, specifying the offense of theft, and read the charges to the accused.
Common Questions and Answers
What is the significance of framing charges?
Framing charges marks a crucial stage in the criminal justice process. It formalizes the accusations against the accused, defining the specific offenses they are alleged to have committed. This allows the accused to understand the charges against them and prepare their defense.
What happens if the Magistrate finds insufficient grounds to frame charges?
If the Magistrate does not find sufficient grounds to frame charges, they will discharge the accused. This means that the accused is released from the case and the prosecution cannot proceed.
Can the accused plead guilty at this stage?
Yes, the accused has the right to plead guilty at the stage of framing charges. If the accused pleads guilty, the Magistrate will proceed to determine the sentence based on the guilty plea.
