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    Framing of Charge Under CR

    Uploaded by

    Kashif Mehmood
    - The document discusses the process of framing charges under the Criminal Procedure Code of Pakistan. - It explains that when sufficient materials exist, the judge has the liberty to presume the accused committed the alleged offense and frame a charge accordingly. - The purpose of framing a charge is to give the accused unambiguous and precise notice of the nature of accusations they will have to defend against during trial. - Sections 240, 228, 241 and 239 of the Criminal Procedure Code are summarized as they relate to framing charges, trying cases, convictions on guilty pleas, and discharging accused persons.

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    Framing of Charge Under CR

    Uploaded by

    Kashif Mehmood
    37 views3 pages
    - The document discusses the process of framing charges under the Criminal Procedure Code of Pakistan. - It explains that when sufficient materials exist, the judge has the liberty to presume the accused committed the alleged offense and frame a charge accordingly. - The purpose of framing a charge is to give the accused unambiguous and precise notice of the nature of accusations they will have to defend against during trial. - Sections 240, 228, 241 and 239 of the Criminal Procedure Code are summarized as they relate to framing charges, trying cases, convictions on guilty pleas, and discharging accused persons.

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    Framing of Charge under Cr

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    - The document discusses the process of framing charges under the Criminal Procedure Code of Pakistan. - It explains that when sufficient materials exist, the judge has the liberty to presume the accused committed the alleged offense and frame a charge accordingly. - The purpose of framing a charge is to give the accused unambiguous and precise notice of the nature of accusations they will have to defend against during trial. - Sections 240, 228, 241 and 239 of the Criminal Procedure Code are summarized as they relate to framing charges, trying cases, convictions on guilty pleas, and discharging accused persons.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    37 views3 pages

    Framing of Charge Under CR

    Uploaded by

    Kashif Mehmood
    - The document discusses the process of framing charges under the Criminal Procedure Code of Pakistan. - It explains that when sufficient materials exist, the judge has the liberty to presume the accused committed the alleged offense and frame a charge accordingly. - The purpose of framing a charge is to give the accused unambiguous and precise notice of the nature of accusations they will have to defend against during trial. - Sections 240, 228, 241 and 239 of the Criminal Procedure Code are summarized as they relate to framing charges, trying cases, convictions on guilty pleas, and discharging accused persons.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Subject Trial Advocacy

    Topic Framing of charge


    Assignment # 01
    Presented To, Respected Sir Khalil Sipra
    Presented By, Kashif Mehmood
    Roll # 22302
    LLB 3 years (evening)
    Sec (B)

    Department of Law

    Government College University Faisalabad


    Framing of Charge under Cr.PC
    A formal charge is framed in all warrant cases even if the offence is triable by the Court of
    Session or by the Magistrate. For framing the charge, the Judge needs to consider judicially the
    materials on the record. It is said that the accused is connected to the offence that has alleged to
    commit and is on the basis of the said materials there is a reasonable probability or chance of the
    accused being found guilty of the offence alleged.

    If the answer is in the confirmatory, the Judge has the liberty to presume that the accused has
    committed an offence which is mentioned in Section 228 of the Code for the purpose of framing
    charge. If the answer is in negative for want of the sufficient material, the Judge has to discharge
    the accused as no charge will be framed. Before the Magistrate’s Court for warrant cases when
    the accused pleads guilty, he will be convicted according to section 241 of Cr.PC. And if the
    charge is groundless, accused will be discharged under section 239 of Cr.PC before the
    Magistrate’s Court.

    The purpose of framing a charge is that to give intimation to the accused, unambiguous and have
    a precise notice of the nature of accusation that the accused will be called upon to meet in the
    course of a trial.

    Section 240 in the Code Of Criminal Procedure, 1973

    240. Framing of charge.

    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.

    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.

    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-

    (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, and thereupon the Chief
    Judicial 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.

    241. Conviction on plea of guilty, the accused pleads guilty, the Magistrate shall record the plea
    and may, in his discretion, convict him thereon.

    Section 239 in The Code Of Criminal Procedure, 1973

    239. When accused shall be discharged. If, upon considering the police report and the documents
    sent with it under section 173 and making such examination, if any, of the accused as the
    Magistrate, thinks necessary and after giving the prosecution and the accused an opportunity of
    being heard, the Magistrate considers the charge against the accused to be groundless, he shall
    discharge the accused, and record his reasons for so doing

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