Code:
(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, 1 [or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such 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.
STATE AMENDMENT
Chhattisgarh
In sub-section (2) of section 228 of the Principal Act, after the word “to the accused” the following shall be added, namely: —
“present in person of through the medium of electronic video linkage and being represented by his pleader in the Court.”
[Vide Chhattisgarh Act 13 of 2006, s. 4.]
Karnataka
Amendment of section 228.– In section 228 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), in sub-section (1), in clause (a), for the words “to the Chief Judicial Magistrate and thereupon the Chief Judicial Magistrate” the words “to the Chief Judicial Magistrate or to any Judicial Magistrate competent to try the case and thereupon the Chief Judicial Magistrate or such other Judicial magistrate to whom the case may have been transferred” shall be substituted.
[Vide Karnataka Act 22 of 1994, s. 2.]
West Bengal
In section 228 of the said Code, in clause (a) of sub-section (1) of section 228, for the words “to the Chief Judicial Magistrate, and thereupon the Chief Judicial Magistrate” the words “to the Chief Judicial Magistrate or to any Judicial Magistrate competent to try the case, and thereupon the Chief Judicial Magistrate or such other Judicial Magistrate to whom the case may have been transferred” shall be substituted.
[Vide West Bengal Act 63 of 1978, s. 3.]
Explain it:
This section outlines the procedure for formally accusing a person of a crime. After the Magistrate has taken cognizance of an offense and recorded the accused person’s plea, the next step is to frame the charges. The Magistrate must:
- Clearly and distinctly state the offense(s) with which the accused is charged.
- Specify the section(s) of the law allegedly violated by the accused.
- Ensure that the accused understands the charges against them.
This process ensures that the accused knows exactly what they are being accused of, giving them the opportunity to prepare their defense.
Illustrate it:
Imagine a case where a person is accused of theft. The Magistrate, after recording the accused’s plea, would proceed to frame charges under Section 228 CrPC. They would state: “You are charged with the offense of theft under Section 379 of the Indian Penal Code (IPC) for stealing a mobile phone belonging to Mr. X on [date] at [location].”
Common Questions and Answers:
Q: What happens if the accused pleads guilty to the charges?
A: If the accused pleads guilty, the Magistrate will proceed to record the confession and pass judgment accordingly.
Q: What happens if the accused pleads not guilty?
A: If the accused pleads not guilty, the Magistrate will proceed with the trial, allowing the prosecution to present evidence against the accused and the accused to present their defense.
Q: Can the charges be amended after they have been framed?
A: Yes, the charges can be amended under certain circumstances, such as if new evidence emerges or there are mistakes in the original charges.
