Section 228 CrPC: Framing of Charge – Code of Criminal Procedure

1. State the Code:

Section 228 of the Code of Criminal Procedure (CrPC) deals with the framing of charges against an accused person.

2. Explain it:

This section outlines the procedure for formally accusing a person of a crime. After the Magistrate has taken cognizance of an offense and recorded the accused person’s plea, the next step is to frame the charges. The Magistrate must:

• Clearly and distinctly state the offense(s) with which the accused is charged.
• Specify the section(s) of the law allegedly violated by the accused.
• Ensure that the accused understands the charges against them.

This process ensures that the accused knows exactly what they are being accused of, giving them the opportunity to prepare their defense.

3. Illustrate it:

Imagine a case where a person is accused of theft. The Magistrate, after recording the accused’s plea, would proceed to frame charges under Section 228 CrPC. They would state: “You are charged with the offense of theft under Section 379 of the Indian Penal Code (IPC) for stealing a mobile phone belonging to Mr. X on [date] at [location].”

4. Common Questions and Answers:

Q: What happens if the accused pleads guilty to the charges?

A: If the accused pleads guilty, the Magistrate will proceed to record the confession and pass judgment accordingly.

Q: What happens if the accused pleads not guilty?

A: If the accused pleads not guilty, the Magistrate will proceed with the trial, allowing the prosecution to present evidence against the accused and the accused to present their defense.

Q: Can the charges be amended after they have been framed?

A: Yes, the charges can be amended under certain circumstances, such as if new evidence emerges or there are mistakes in the original charges.