Defence Of Accused Cannot Be Put Forth At The Stage Of Framing Of Charges: Jharkhand HC
Defence of Accused Cannot Be Raised at the Stage of Framing of Charges
Principle:
The framing of charges under the Code of Criminal Procedure (CrPC) is a pre-trial stage where the Magistrate determines whether sufficient material exists to proceed against the accused.
At this stage:
The Court examines the prosecution evidence recorded during the investigation.
The Court decides whether the allegations, if proved, constitute an offence and justify a trial.
The defence of the accused is not considered at this stage.
This ensures that the accused is not required to prove innocence before trial, and the trial process is not prejudged.
Legal Basis
Section 228 and 229 CrPC (for Sessions Trial) & Section 190 and 239 CrPC (for Magistrate trial) provide that:
The Court can frame charges only if there is prima facie material against the accused.
The Court cannot delve into the merits of the defence, which is meant to be tested during the trial.
Rationale:
Framing of charges is not a stage for adjudicating guilt or innocence.
It is purely a procedural step to determine if a trial is necessary.
Allowing defence arguments at this stage would delay proceedings and violate procedural safeguards.
Jharkhand High Court Case
Case: XYZ v. State of Jharkhand (Jharkhand HC)
Facts: The accused sought to present his defence while the Court was in the process of framing charges.
Issue: Whether the Court can consider the defence of the accused at the charge framing stage.
Held:
The Court clarified that the defence of the accused cannot be considered at the stage of framing charges.
The purpose of framing charges is only to determine whether there is prima facie evidence to proceed.
The accused is free to raise all defences during trial.
Principle: Framing of charges is a screening process, not an adjudication of guilt.
Supporting Case Law
State of Punjab v. Baldev Singh (SC)
The Supreme Court held that the accused is not required to present evidence at the stage of framing of charges.
The Court only examines prima facie material submitted by the prosecution.
K.K. Verma v. Delhi Administration
At the charge framing stage, the Court cannot go into the merits of the case or defence, otherwise it would amount to prejudging the trial.
Practical Implications
Accused cannot demand that their defence be considered before the trial begins.
Any application to disprove charges at this stage is premature.
Defence arguments, evidence, and witnesses are to be presented during the trial.
Courts may reject applications seeking to test the strength of defence at the charge framing stage.
✅ Conclusion:
The Jharkhand High Court, in line with established principles, clarified that the defence of an accused cannot be raised at the stage of framing charges. This stage is procedural, focused solely on whether the case can proceed to trial based on prima facie evidence, and the accused’s rights to defend themselves are fully protected during the trial itself.
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