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CrPC Section-228 - Framing of charge

Description

  • If the Offence is NOT Exclusively Triable by the Court of Session:

    • The Sessions Judge may frame a charge against the accused.
    • The case is then transferred to the Chief Judicial Magistrate (CJM) or any Judicial Magistrate of the First Class.
    • The accused must be directed to appear before the concerned Magistrate on a specified date.
    • The Magistrate will then try the case as a warrant case initiated on a police report.
  • If the Offence is Exclusively Triable by the Court of Session:

    • The Sessions Judge must frame a charge in writing against the accused.
  • Reading and Explanation of Charges:

    • If a charge is framed, it must be read and explained to the accused.
    • The accused is then asked whether they plead guilty or claim to be tried.
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