Framing of charge
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Summary
If, after considering the evidence and any examination or hearing, the Magistrate believes there is ground to presume the accused committed an offence that he can try and punish, he must frame a written charge within 60 days from the first hearing on the charge. The charge must then be read and explained to the accused, who must be asked whether they plead guilty or claim to be tried.
Example
Rohan is accused of assaulting a neighbour. After the police report and witness statements are placed before the Magistrate at the first hearing, the Magistrate finds ground to presume guilt and frames a written charge within 60 days. The charge is read to Rohan, and he is asked whether he pleads guilty or wants to be tried.
Bare Act
Enacted text(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 within a period of sixty days from the date of first hearing on charge.
(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.
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