CrPC Section 228
Certainly! Here's a detailed explanation of Section 228 of the Code of Criminal Procedure (CrPC), 1973 (India):
⚖️ Section 228 – Framing of Charge in Sessions Trial
Context:
Section 228 applies after a case is committed to the Court of Session by a Magistrate under Section 209 CrPC and the Sessions Judge has examined the case record and heard the prosecution and the accused under Section 227.
Legal Provision (Simplified):
If, after considering the record and hearing both sides:
The Sessions Judge is of the opinion that there is ground for presuming that the accused has committed an offence:
Triable exclusively by the Court of Session, then:
The Judge shall frame a charge in writing against the accused.
The charge shall be read and explained to the accused.
The accused will be asked whether they plead guilty or want a trial.
Not exclusively triable by Court of Session, but still requires commitment:
The Judge shall frame a charge and transfer the case to a Magistrate of competent jurisdiction for trial.
Key Points:
Comes after Section 227, which deals with discharge if no sufficient ground exists.
Framing of charge is a formal step indicating the court believes there is a prima facie case.
The accused then enters a plea (guilty or not guilty).
The stage is procedural, not about proof beyond reasonable doubt.
Example:
If a person is accused of murder (an offence triable only by the Court of Session), and the Sessions Judge, after reviewing the police report and hearing the arguments, finds enough evidence to presume the offence occurred, a charge under Section 302 IPC will be framed under Section 228 CrPC.
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