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:
- Consideration and Examination: The Magistrate considers the police report and examines the evidence, such as CCTV footage and witness statements.
- Opinion of Ground for Presumption: The Magistrate believes there is sufficient ground to presume that Ravi has committed the theft.
- 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.
- Reading and Explanation: The charge is read and explained to Ravi in simple terms, ensuring he understands the accusation.
- 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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