Framing of charge
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Summary
If after consideration, any examination and hearing the Magistrate thinks there is ground to presume the accused committed an offence triable and punishable by him, he must frame a written charge. The charge must then be read and explained to the accused. The accused is asked whether they plead guilty or claim to be tried.
Example
Priya is accused by a neighbour of causing hurt. After examining evidence and hearing both sides, the Magistrate finds ground to presume an offence triable by him and frames a written charge. The charge is read and explained to Priya, and she is asked whether she pleads guilty or claims trial.
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.
(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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