Charge Sheet Submission Discharge And Framing Of Charge
⚖️ CHARGE SHEET SUBMISSION, DISCHARGE, AND FRAMING OF CHARGE IN BANGLADESH
🧾 1. Legal Framework
These processes are governed mainly by the Code of Criminal Procedure, 1898 (CrPC).
Relevant Sections:
| Stage | Section | Description |
|---|---|---|
| Submission of Police Report / Charge Sheet | Section 173 | Completion of investigation and submission of report (charge sheet or final report) to the Magistrate |
| Discharge | Section 241A (Sessions cases) and Section 265C (Magistrate cases) | Court may discharge the accused if no sufficient ground for proceeding |
| Framing of Charge | Sections 242–244 (Magistrate cases), Sections 265D–265E (Sessions cases) | Formal accusation framed by the court based on evidence and police report |
🧩 2. Meaning of Key Terms
(a) Charge Sheet
A charge sheet (or police report) is a document prepared by the investigating officer under Section 173(1) CrPC after completing investigation, stating:
Names of the accused persons,
Nature of the offence,
Witnesses and evidence collected, and
Opinion of the investigating officer whether the accused should be tried.
If the officer finds no evidence, a Final Report (FR) is submitted instead of a charge sheet.
(b) Discharge
After receiving the charge sheet, the Magistrate or Sessions Judge examines the materials.
If the court finds no sufficient grounds to proceed, it discharges the accused.
Discharge means the case ends before trial — the accused is released from charges.
(c) Framing of Charge
If the court finds prima facie (initial) evidence of offence, it frames formal charges against the accused.
This formally begins the trial.
Charges are read and explained to the accused.
The accused then pleads guilty or not guilty.
🧠 3. Step-by-Step Process
Stage 1: Investigation & Charge Sheet
FIR lodged under Section 154 CrPC.
Police investigate under Section 156.
After investigation, they submit a report under Section 173:
Charge Sheet (if evidence found), or
Final Report (if no evidence found).
Stage 2: Court’s Consideration
The Magistrate/Sessions Court examines the report.
May:
Accept the charge sheet → proceed to trial.
Reject the charge sheet and discharge the accused.
Take cognizance of an offence even if the police report is negative (per Section 190 CrPC).
Stage 3: Discharge (Sections 241A / 265C)
Before framing of charge, the accused may apply for discharge.
The court may discharge if:
Evidence is insufficient, or
Allegations are groundless, or
No legal basis to proceed.
Stage 4: Framing of Charge (Sections 242–244 / 265D–265E)
The court frames specific charges against each accused.
Charges must specify:
The offence alleged,
Time, place, and manner of commission,
Law and section violated.
Charges are read and explained to the accused.
⚖️ 4. Judicial Principles
| Principle | Explanation |
|---|---|
| Prima facie test | At the stage of framing of charge, the court only checks if there is prima facie evidence, not whether it ensures conviction. |
| Discharge is an exception | Discharge can only be granted if no evidence at all supports the accusation. |
| Court’s discretion | The Magistrate or Judge can take cognizance even if police submit a final report (under Section 190 CrPC). |
| Framing of charge ≠ conviction | It merely sets the stage for trial; it does not determine guilt. |
📚 5. Landmark Case Laws in Bangladesh
Let’s discuss five important cases interpreting the principles of charge sheet, discharge, and framing of charge.
Case 1: Abdul Majid vs. State, 37 DLR (AD) 110 (1985)
Facts:
Police submitted a charge sheet against several accused for robbery. The defence argued that the charge sheet was submitted without sufficient evidence and sought discharge.
Issue:
When can the court discharge an accused before trial?
Held:
The Appellate Division held that at the stage of discharge, the court must only see whether prima facie evidence exists.
If there is some evidence connecting the accused with the offence, discharge is not proper — the matter must go to trial.
Principle:
“At the stage of framing of charge or discharge, the court is not to weigh the evidence meticulously. Even strong suspicion is enough to proceed.”
Significance:
Established the prima facie test for deciding discharge applications.
Case 2: State vs. Moyna Mia, 42 DLR (HC) 213 (1990)
Facts:
Police submitted a charge sheet against the accused under Section 302 (murder). The defence argued that the investigation was defective and sought discharge.
Issue:
Whether a defective or incomplete investigation invalidates a charge sheet.
Held:
The High Court Division held that defective investigation does not automatically invalidate a charge sheet if sufficient materials exist in the record to proceed.
Principle:
“The court must consider the substance of evidence, not the form of investigation.”
Significance:
The case clarified that minor investigation defects are curable, and the case should proceed if evidence supports the charge.
Case 3: State vs. Abdul Wahab, 45 DLR (AD) 89 (1993)
Facts:
After the submission of a charge sheet, the Sessions Judge discharged the accused, claiming the prosecution evidence was weak.
Issue:
Can a Sessions Judge evaluate the reliability of evidence at the stage of discharge?
Held:
The Appellate Division ruled that at the discharge stage, the judge cannot assess credibility or weigh the evidence as if deciding guilt.
If materials exist that may lead to conviction, the charge must be framed.
Principle:
“Assessment of credibility is the function of trial; discharge cannot be granted on pre-trial evaluation of evidence.”
Significance:
This case reinforced that discharge is not a mini-trial.
Case 4: Mofizur Rahman vs. State, 54 DLR (HC) 133 (2002)
Facts:
The Magistrate framed charges under Section 420 (cheating) even though the accused claimed the matter was purely civil in nature (a contractual dispute).
Issue:
Whether criminal proceedings should continue when the dispute is civil in nature.
Held:
The High Court Division held that when allegations primarily constitute a civil dispute, the accused should be discharged.
Criminal law cannot be used to settle private civil disputes.
Principle:
“If ingredients of a criminal offence are absent, and the dispute is essentially civil, the accused must be discharged.”
Significance:
It established the boundary between civil wrongs and criminal offences.
Case 5: State vs. Md. Mahbubul Alam, 62 DLR (HC) 175 (2010)
Facts:
The accused sought discharge claiming that the charge sheet was filed without any witness directly implicating him.
Issue:
What is the standard of evidence required for framing of charge?
Held:
The High Court Division ruled that the probability of conviction is not the test; only sufficient ground for presumption of guilt is needed to frame a charge.
Principle:
“If the materials on record raise a strong suspicion that the accused committed the offence, charges must be framed.”
Significance:
This case confirmed that at the charge-framing stage, strong suspicion is enough to proceed.
🧠 6. Key Distinctions
| Concept | Meaning | Stage | Legal Section | Judicial Test |
|---|---|---|---|---|
| Charge Sheet | Police report after investigation | Post-investigation | Section 173 CrPC | Based on evidence collected |
| Discharge | Release before trial due to lack of grounds | Pre-trial | Section 241A / 265C | No sufficient ground to proceed |
| Framing of Charge | Formal accusation initiating trial | Beginning of trial | Sections 242–244 / 265D–E | Prima facie evidence or strong suspicion |
✅ 7. Conclusion
The submission of charge sheet, discharge, and framing of charge are critical stages in the criminal justice process of Bangladesh. The courts maintain a careful balance between protecting the innocent from false implication and ensuring that offenders are brought to trial.
Key Judicial Principles:
Charge sheet must be evidence-based, not opinion-based.
Discharge is granted only when no prima facie evidence exists.
At framing of charge, the test is suspicion, not proof.
Credibility of witnesses cannot be tested before trial.
Civil disputes cannot be criminally prosecuted.
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