Section 240 of CrPC : Section 240: Framing of charge.

CrPC

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Explanation using Example

Example 1:

Scenario: A theft case in Mumbai

Ravi is accused of stealing a mobile phone from a shop in Mumbai. The police investigate the case and file a report with the Magistrate. The Magistrate reviews the police report, examines the evidence, and hears preliminary arguments from both the prosecution and the defense.

Application of Section 240:

  1. Consideration and Examination: The Magistrate considers the police report and examines the evidence, such as CCTV footage and witness statements.
  2. Opinion of Ground for Presumption: The Magistrate believes there is sufficient ground to presume that Ravi has committed the theft.
  3. Framing of Charge: The Magistrate frames a written charge against Ravi, stating that he is accused of theft under Section 379 of the Indian Penal Code.
  4. Reading and Explanation: The charge is read and explained to Ravi in simple terms, ensuring he understands the accusation.
  5. Plea: Ravi is asked whether he pleads guilty or claims to be tried. Ravi decides to plead not guilty and opts for a trial.

Example 2:

Scenario: A case of assault in Raipur

Sunita is accused of assaulting her neighbor, Meena, during a dispute in Raipur. The police conduct an investigation and submit their findings to the Magistrate. The Magistrate reviews the case details, ...

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