Section 228 of CrPC : Section 228: Framing of charge.

Explanation using Example

Example 1:

Scenario: Rajesh is accused of theft, which is not exclusively triable by the Court of Session.

Process:

1. The Judge reviews the evidence and hears the arguments from both the prosecution and the defense.
2. The Judge believes there is enough evidence to presume that Rajesh has committed the theft.
3. The Judge frames a charge against Rajesh for theft.
4. The Judge orders the case to be transferred to the Chief Judicial Magistrate for trial.
5. Rajesh is directed to appear before the Chief Judicial Magistrate on a specified date.
6. The Chief Judicial Magistrate will then conduct the trial according to the procedure for warrant-cases instituted on a police report.

Outcome: Rajesh's case is now under the jurisdiction of the Chief Judicial Magistrate, who will proceed with the trial.

Example 2:

Scenario: Priya is accused of murder, which is exclusively triable by the Court of Session.

Process:

1. The Judge reviews the evidence and hears the arguments from both the prosecution and the defense.
2. The Judge believes there is enough evidence to presume that Priya has committed the murder.
3. The Judge frames a charge against Priya for murder in writing.
4. The charge is read and explained to Priya in court.
5. Priya is asked whether she pleads guilty to the charge or claims to be tried.
6. Priya claims to be tried, so the trial will proceed in the Court of Session.

Outcome: Priya's case will be tried in the Court of Session, following the procedures for such serious offences.

Example 3 (Chhattisgarh Amendment):

Scenario: Anil is accused of fraud, and the trial is taking place in Chhattisgarh.

Process:

1. The Judge r...

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