CrPC Section 228 – Framing Of Charge

Section 228 of the CrPC is an important step in criminal trials that the Session Courts of India conduct. It highlights the process of framing charges against an accused after the Court reviews the evidence presented by the prosecution. The provision makes sure the accused know about the charges they are going to face, laying the foundation for a fair trial.

Legal Provision

Section 228 - Framing of Charge

(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 -

• 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] [Substituted by Act 25 of 2005, Section 22 for "and thereupon the Chief Judicial Magistrate" (w.e.f. 23-6-2006).] shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;
• 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 accused, and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.

Explanation Of CrPC Section 228

Section 228 of the Code of Criminal Procedure (CrPC), 1973, pertains to the framing of charges by a Sessions Court (or a court of equivalent jurisdiction) in cases triable by it. This section comes into play after the court has considered the police report (charge sheet) and the documents and evidence submitted by the prosecution.

Section 228 states that if, after such consideration, the Sessions Judge is of the opinion that there is prima facie evidence to suggest that the accused has committed an offense triable by the Sessions Court, the judge shall frame a charge in writing against the accused. This charge must clearly and concisely state the specific offense the accused is alleged to have committed.

Breakdown Of CrPC Section 228

This section provides clarity on how charges are framed and the considerations involved in the process. Here is a breakdown of its key components:

Scope Of Application

Section 228 is invoked when a case is committed to the Sessions Court by a Magistrate under Section 209 of the CrPC. It is a pivotal stage in the trial process as it determines the charges on which the accused will face trial.

Consideration By The Judge

Before framing charges, the Sessions Judge examines:

• The materials presented by the prosecution, including charge sheets and supporting documents.
• Whether there is sufficient ground for presuming that the accused has committed an offence.

Types Of Offences

• Offences triable exclusively by the Sessions Court: The judge frames the charges and proceeds with the trial.
• Offences not exclusively triable by the Sessions Court: The judge transfers the case to the Chief Judicial Magistrate for trial.

Procedure After Framing Of Charges

• The charges must be read and explained to the accused.
• The accused is asked to plead guilty or claim trial.
• If the accused pleads guilty, the court may convict them. If not, the trial proceeds.

Practical Implications Of CrPC Section 228

• Fair Trial: Ensures the accused is aware of the charges, facilitating a fair defense.
• Judicial Scrutiny: Encourages thorough judicial scrutiny before proceeding to trial, preventing frivolous cases from advancing.
• Transparency: Promotes transparency in the legal process by clearly stating the charges.

Key Details Of CrPC Section 228

The key aspects of Section 228 are outlined below:

Critical Analysis Of CrPC Section 228

A critical examination of Section 228 highlights its strengths and limitations, providing a holistic view of its impact on the judicial system.

Strengths

• Promotes a fair trial by ensuring the accused is aware of the specific charges.
• Acts as a procedural filter to prevent frivolous prosecutions.
• Safeguards the accused’s rights by providing clarity on the charges they face.

Weaknesses

• The judge’s discretion in determining a prima facie case can lead to inconsistencies.
• At this stage, the defense has limited opportunities to challenge the evidence.
• Overcharging by the prosecution can complicate trials and extend their duration unnecessarily.

Notable Case Laws Related To CrPC Section 228

A few case laws based on Section 228 of the CrPC are:

Litty Thomas v. State of Kerala on 25 January, 2024

The Kerala High Court ruled on a case involving Litty Thomas and others, who were appointed as school teachers and headmistresses. They challenged the framing of charges against them under Section 228 of the CrPC. The court observed that the trial court had erred by not forming a clear opinion on whether there was sufficient ground to presume the accused had committed the alleged offenses. Consequently, the High Court quashed the charges and directed the trial court to reconsider the matter. This case underscores the importance of judicial discretion and proper scrutiny before framing charges under Section 228.

Sonu Gupta v. Deepak Gupta & Ors on 11 February, 2015

In this case, the appellant filed a criminal complaint against her husband and others for offenses under Sections 464, 468, and 471 of the Indian Penal Code (IPC). The complaint was related to allegations of dowry harassment and torture. The Supreme Court observed that at the stage of framing charges, the sufficiency of materials for the purpose of conviction is not the requirement. The court emphasized that a prayer for discharge can be allowed only if the court finds that the materials are wholly insufficient for the purpose of trial.

The Supreme Court in this case highlighted that the judge must sift and weigh the evidence to determine if a prima facie case has been made out. The court can frame charges if there is grave suspicion against the accused.

Conclusion

Section 228 of the CrPC plays an important role in making sure fair and transparent criminal system of justice. The provision protects the rights of the accused and makes sure the trials in Session Courts take place effectively.

FAQs

A few FAQs based on Section 228 of the CrPC are:

Q1. What happens if an offence is not exclusively triable by the Sessions Court?

After framing charges, the Judge transfers the case to the Chief Judicial Magistrate for trial in case an offence is not exclusively triable by the Sessions Court.

Q2. When does Section 228 of the CrPC come into play?

Whenever a Magistrate commits a case to the Session Court under Section 209 of the CrPC, Section 228 is invoked. It marks the start of the trial phase in the Court.

Q3. What are some limitations of Section 228 of the CrPC?

The discretion of the judge while determining a prima facie can lead to inconsistencies in some situations. At times, even the defence has limited opportunity to challenge evidence at this stage.