Framing of Charge

It is settled position of law that at the time of framing a charge the accused has no right to produce any material because the expression “record of the cases” in Section 227 CrPC refers to the material produced by the prosecution and not by the accused.

The Sessions Judge has the power to discharge the accused in the following circumstances:

  • Where the evidence produced is not sufficient,
  • Where there is no legal ground for proceeding against the accused,
  • Where the prosecution is clearly barred by limitation, or
  • Where he is precluded from proceeding because of a prior judgment of High Court.

In Kanti Bhadra Shah v. State of Bengal, 2000 (40) ACC 441, the Hon’ble Supreme Court has held that the discharge order must contain reasons but an order of framing charge cannot be quashed merely because it does not contain reasons.

In State of J&K v. Sudarshan Khakkar, 1997 (35) ACC 414 and in Rukmani Narvekar v. Vijaya Satardekar, 2009 (66) ACC 480, it has been held that no weight is to be attached to the probable defence of the accused and at the time of framing of the charge, the Court has to confine its attention to documents referred to under Section 173 CrPC only. Aaram Singh v. State of U.P., 2016 (96) ACC 738.

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