Subject Trial Advocacy

Topic Framing of charge

Assignment # 01
Presented To, Respected Sir Khalil Sipra
Presented By, Kashif Mehmood
Roll # 22302
LLB 3 years (evening)
Sec (B)

Department of Law

Government College University Faisalabad

Framing of Charge under Cr.PC
A formal charge is framed in all warrant cases even if the offence is triable by the Court of
Session or by the Magistrate. For framing the charge, the Judge needs to consider judicially the
materials on the record. It is said that the accused is connected to the offence that has alleged to
commit and is on the basis of the said materials there is a reasonable probability or chance of the
accused being found guilty of the offence alleged.

If the answer is in the confirmatory, the Judge has the liberty to presume that the accused has
committed an offence which is mentioned in Section 228 of the Code for the purpose of framing
charge. If the answer is in negative for want of the sufficient material, the Judge has to discharge
the accused as no charge will be framed. Before the Magistrate’s Court for warrant cases when
the accused pleads guilty, he will be convicted according to section 241 of Cr.PC. And if the
charge is groundless, accused will be discharged under section 239 of Cr.PC before the
Magistrate’s Court.

The purpose of framing a charge is that to give intimation to the accused, unambiguous and have
a precise notice of the nature of accusation that the accused will be called upon to meet in the
course of a trial.

Section 240 in the Code Of Criminal Procedure, 1973

240. Framing of charge.

If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that
there is ground for presuming that the accused has committed an offence triable under this
Chapter, which such Magistrate is competent to try and which, in his opinion, could be
adequately punished by him, he shall frame in writing a charge against the accused.

The charge shall then be read and explained to the accused, and he shall be asked whether he
pleads guilty of the offence charged or claims to be tried.

228. Framing of charge.

(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is
ground for presuming that the accused has committed an offence which-

(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused
and, by order, transfer the case for trial to the Chief Judicial Magistrate, and thereupon the Chief
Judicial Magistrate shall try the offence in accordance with the procedure for the trial of warrant-
cases instituted on a police report;

(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused.
(2) Where the Judge frames any charge under clause (b) of sub- section (1), the charge shall be
read and explained to the accused and the accused shall be asked whether he pleads guilty of the
offence charged or claims to be tried.

241. Conviction on plea of guilty, the accused pleads guilty, the Magistrate shall record the plea
and may, in his discretion, convict him thereon.

Section 239 in The Code Of Criminal Procedure, 1973

239. When accused shall be discharged. If, upon considering the police report and the documents
sent with it under section 173 and making such examination, if any, of the accused as the
Magistrate, thinks necessary and after giving the prosecution and the accused an opportunity of
being heard, the Magistrate considers the charge against the accused to be groundless, he shall
discharge the accused, and record his reasons for so doing