Framing of charge
AI Assist
Summary
After hearing and consideration, if the Judge finds grounds to presume the accused committed an offence not exclusively triable by the Sessions Court, he may frame a charge and transfer the case to the Chief Judicial Magistrate or any Judicial Magistrate of the first class to be tried 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. When the Judge frames such a charge in Sessions, the charge must be read and explained and the accused asked whether he pleads guilty or claims trial.
Example
Priya is accused of an offence. The Sessions Judge finds it is not exclusively triable by the Sessions Court, frames a charge and transfers the case to the Chief Judicial Magistrate. The Chief Judicial Magistrate will try Priya under the warrant-case procedure on the police report.
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-
-
(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, 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.
Previous year papers
Pick your exam. we'll email the most recent paper.