Sanhita.ai

Code of Criminal Procedure

(CRPC)

Framing of charge.

Chapter 18: Trial Before A Court Of Session

Section: 228

(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, [or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate] [Substituted by Act 25 of 2005, Section 22 for "and thereupon the Chief Judicial Magistrate" (w.e.f. 23-6-2006).] 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 accused, and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.

KARNATAKA.- in its application to the State of Karnataka, in section 228, clause (a) of sub-section (1), for the words "to the Chief Judicial Magistrate, and thereupon the Chief Judicial Magistrate", substitute "to the Chief Judicial Magistrate or to any Judicia Magistrate competent to try the case and thereupon the Chief Judicial Magistrate or such other Judicial Magistrate to whom the case may have been transferred". [Karnataka Act 22 of 1994, Section 2, w.e.f. 18.5.1994.]WEST BENGAL.- In clause (a) of sub-section (1) of Section 228 for the words "to the Chief Judicial Magistrate, and thereupon the Chief Judicial Magistrate", the words "to the Chief Judicial Magistrate or to any Judicial Magistrate competent to try the case, and thereupon the Chief Judicial Magistrate or such other Judicial Magistrate to whom the case may have been transferred" shall be substituted. [West Bengal Act No. 63 of 1978, Section 3 w.e.f. 1.6.1979]

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