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

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, including medical reports and witness testimonies.

Application of Section 240 with Chhattisgarh Amendment:

1. Consideration and Examination: The Magistrate considers the police report and examines the evidence, such as medical reports and witness statements.
2. Opinion of Ground for Presumption: The Magistrate believes there is sufficient ground to presume that Sunita has committed the assault.
3. Framing of Charge: The Magistrate frames a written charge against Sunita, stating that she is accused of assault under Section 323 of the Indian Penal Code.
4. Reading and Explanation (with Amendment): The charge is read and explained to Sunita, who is present in court via electronic video linkage, in the presence of her lawyer.
5. Plea: Sunita is asked whether she pleads guilty or claims to be tried. Sunita decides to plead not guilty and opts for a trial.

Example 3:

Scenario: A case of cheating in Delhi

Rajesh is accused of cheating several people by promising them high returns on investments and then disappearing with their money. The police investigate and submit a detailed report to the Magistrate. The Magistrate reviews the evidence, including bank statements and victim testimonies.

Application of Section 240:

1. Consideration and Examination: The Magistrate considers the police report and examines the evidence, such as bank statements and victim testimonies.
2. Opinion of Ground for Presumption: The Magistrate believes there is sufficient ground to presume that Rajesh has committed the offence of cheating.
3. Framing of Charge: The Magistrate frames a written charge against Rajesh, stating that he is accused of cheating under Section 420 of the Indian Penal Code.
4. Reading and Explanation: The charge is read and explained to Rajesh in simple terms, ensuring he understands the accusation.
5. Plea: Rajesh is asked whether he pleads guilty or claims to be tried. Rajesh decides to plead not guilty and opts for a trial.