1. Basic Difference
| Point | Framing of Issues | Framing of Charges |
| Nature | Civil Law | Criminal Law |
| Purpose | Identify disputes between parties | Inform accused of exact offence |
| Stage | After pleadings (Plaint & WS) | After charge-sheet / police report |
| Law | Code of Civil Procedure, 1908 | Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Focus | Rights & liabilities | Guilt / offence |
2. Framing of Issues (Civil Cases)
Relevant Law
Order XIV Rule 1 CPC
Meaning
Issues are points of dispute between plaintiff & defendant which court has to decide.
How Issues are Framed
Court frames issues based on:
- Plaint
- Written Statement
- Admissions / denials
Types of Issues
- Issue of Fact
- Issue of Law
Example (Civil Case)
👉 Suit for recovery of ₹5 lakh
Plaintiff says: Money given as loan
Defendant says: No loan, it was gift
👉 Court frames issues:
- Whether plaintiff gave ₹5 lakh as loan?
- Whether defendant is liable to repay?
- Whether suit is maintainable?
Purpose
- Narrow down dispute
- Guide evidence
- Help court decide case
3. Framing of Charges (Criminal Cases)
Relevant Law
Sections 228, 240, 246 BNSS (depending on case type)
Meaning
Charge = formal accusation specifying:
- Offence
- Section
- Particulars of act
When Charges are Framed
After:
- FIR
- Investigation
- Charge-sheet
Court checks:
Prima facie case exists or not
Example (Criminal Case)
FIR for stabbing
Court frames charge:
- That accused on [date] caused injury with knife
- Offence under Sec 109 BNS (Attempt to Murder)
Purpose
- Inform accused clearly
- Ensure fair trial
- Fix scope of prosecution
4. Key Differences (Conceptual)
| Factor | Issues | Charges |
| Against whom | Both parties | Only accused |
| Burden | On plaintiff (generally) | On prosecution |
| Result | Decree | Conviction / Acquittal |
| Flexibility | Can be amended | Strict (must be clear & specific) |
5. Important Practical Points
In Civil (Issues)
- Wrong framing = case weak
- Advocate must press for proper issues
In Criminal (Charges)
- Accused can seek discharge before charge
- Wrong charge → ground for appeal
6. Easy Memory Trick
Issues = “What is dispute?”
Charges = “What is crime?”
Final Summary
- Issues (CPC) → Define dispute in civil case
- Charges (BNSS) → Define offence in criminal case
- Both are foundation of trial
For Educational & Legal Awareness
Website: www.ushavatsassociates.in
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