Framing of charge
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Summary
After hearing, if the Judge considers there is ground to presume the accused committed an offence, he may frame a charge. If the offence is not exclusively triable by the Sessions Court, the Judge can transfer the case to the Chief Judicial Magistrate or a First Class Magistrate for trial as a warrant-case on a police report. If the offence is exclusively triable by the Sessions Court, the Judge must frame a written charge within 60 days, read and explain it to the accused (physically or by audio-video electronic means) and ask whether the accused pleads guilty or claims trial.
Example
Aditya is accused of murder, an offence triable only by the Sessions Court. After the first hearing the Judge frames a written charge within sixty days, reads and explains the charge to Aditya (via video link while he is in custody) and asks whether he pleads guilty or claims to be tried. Aditya pleads not guilty and the case proceeds to trial.
Bare Act
Enacted text(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-
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(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, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or 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;
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(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge.
(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused present either physically or through audio-video electronic means and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.
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