Skip to main content

Posts

Showing posts with the label Framing of Charge

Section 498A IPC - No Ground for Framing the Charge [CASE LAW]

Penal Code, 1860 – Ss. 498A / 323 / 114 - Criminal P.C. 1973 - Ss. 227 & 228 - If there is no ground for presuming that the accused has committed an offence, the charge must be considered to be groundless, which is the same thing as saying that there is no ground for framing the charge.
Read more

In Indian Law there is no Automatic Presumption that Custodial Statements have been Extracted through Compulsion [Case Law]

Criminal P.C. 1973 - S. 228 -  Framing of Charge -  While framing charge, the trial Court in exercise of the power under section 228 Cr.P.C., has to form an opinion judicially for its  prima facie  satisfaction on the basis of the material available on record that there is a ground for  presuming  that the accused has committed an offence and is not expected to critically evaluate the material/evidence placed on record by the prosecution.
Read more