FRAMING OF CHARGE

Here’s a clear, structured, and detailed explanation of the power
and procedure of framing of charge under criminal law, including
relevant sections, stages, magistrate’s role, and key case laws
(supra judgments) — all in simple English as you asked.

1. What is “Framing of Charge”?
   Framing of charge is the stage in a criminal trial where the Magistrate
   or Sessions Court formally informs the accused of the specific
   offences they are being tried for.
   It is not a finding of guilt, but a prima facie satisfaction of the court
   that there is enough material to proceed with a trial.
2. Relevant Sections of Cr.P.C.
   The law relating to framing of charge is laid down under:
   Sections 239–240 Cr.P.C. (Magistrate Trial – Warrant Cases)
   Sec 239 – Discharge if the charge is groundless.
   Sec 240 – Framing of charge if there is sufficient ground to
   presume offence.
   Sections 245–246 Cr.P.C. (Complaint Cases)
   Sec 245 – Discharge
   Sec 246 – Charges framed after evidence
   Sections 227–228 Cr.P.C. (Sessions Cases)
   Sec 227 – Discharge
   Sec 228 – Charge framed if prima facie case exists
   Sections 211–214 Cr.P.C.

These sections talk about form and content of the charge — what
details must be mentioned (time, place, offence, particulars).

3. Stage of Framing Charges
   The charge is framed after:
   Taking cognizance (u/s 190 Cr.P.C.)
   Supplying documents to the accused (u/s 207 Cr.P.C.)
   Considering the police report (u/s 173 Cr.P.C.)
   Hearing both sides (accused + prosecution)
   No detailed evidence is required at this stage.
   The Court only sees:
   FIR
   Statements u/s 161
   Chargesheet
   Case diary
   Documents filed
4. Standard Applied by Court

At this stage, the court does not evaluate evidence minutely. It only
sees if there’s a prima facie case.
Court applies the ―strong suspicion test.‖
Not required: Proof beyond reasonable doubt
Only required: Whether there is material to proceed

5. Powers of Magistrate in Framing Charge
   The Magistrate can:

Frame Charge
If material shows that:
 Accused is probably involved
 Ingredients of offence exist
Discharge
If:
 The allegations are baseless
 No material points to guilt
Alter or Add Charges (Sec 216 Cr.P.C.)
The Court may change or add any charge at any time before
judgment.
Proceed on Lesser Offence (Sec 222 Cr.P.C.)

6. Rights of the Accused at This Stage
   Accused may:
    Seek discharge application u/s 239/227
    Argue no prima facie case exists
    Challenge the framing of charge through:
   Revision Petition u/s 397 CrPC
   Sec 482 CrPC (High Court – inherent powers)
    Claim no mens rea, civil nature of dispute, no role, delay, etc.
7. Important Supreme Court Judgments (Supra Judgments)
   Here are landmark rulings explaining magistrate’s powers at the
   charge framing stage:

1. Union of India v. Prafulla Kumar Samal (1979) 3 SCC 4
   �Court must apply judicious mind
   �Not a mechanical exercise
   �If grave suspicion arises → frame charge
2. State of Bihar v. Ramesh Singh (1977) 4 SCC 39
   At this stage, only prima facie view is required
   Detailed evaluation is not proper
3. Sajjan Kumar v. CBI (2010) 9 SCC 368
   If there is strong suspicion, charge must be framed
   Court cannot conduct a mini-trial
4. State of Tamil Nadu v. N. Suresh Rajan (2014) 11 SCC 709
   Probative value of evidence should not be examined here
   Only look for sufficient suspicion
5. Amit Kapoor v. Ramesh Chander (2012) 9 SCC 460
   Discharge only when accusations are absurd
   Even circumstantial material is sufficient for charge
6. Sheoraj Singh Ahlawat v. State of U.P. (2013) 11 SCC 476
   Defence documents cannot be looked at during this stage
7. Onkar Nath Mishra v. State (2008) 2 SCC 561
   Court cannot weigh probability of conviction now
8. Example to Understand
   Case Example:
   An FIR is filed under Sections 420, 406, 34 IPC for cheating and
   breach of trust. The chargesheet is filed, and documents are given to
   the accused.
   Accused argument: The matter is civil in nature; no dishonest
   intention at the beginning.

Court Reaction:
Court will see:
✔ FIR
✔ Statements
✔ Case diary
✔ Prima facie ingredients
If strong suspicion exists → charges will be framed
If no material → accused discharged

9. Revision or Challenge Against Wrongful Charges
   If the Magistrate wrongly frames the charge:
   The accused can file Revision u/s 397 Cr.P.C.
   Or file petition u/s 482 Cr.P.C. in High Court
   High Court may quash the charges if:
   Allegations are false

No material exists
It’s a civil dispute dressed as criminal case
Case Law:
Bhajan Lal Case (1992 Supp (1) SCC 335) – court can quash abuse of
process.

10. Difference Between Discharge and Framing Charge
    Point Discharge Framing of Charge
    Stage Before charge After prima facie case
    Criteria No sufficient ground Existence of strong suspicion
    Section 227 / 239 / 245 228 / 240 / 246
    Result Accused released Trial starts

11. Key Principles Summarized
    Court must apply judicial mind
    Only strong suspicion required
    No detailed scrutiny of evidence
    Defence evidence is not considered
    If no material → discharge
    If error → alter charge (Sec 216 CrPC)
    Revision/482 CrPC available

12. Conclusion
    The power of the Magistrate at the framing of charge stage is:
     Wide but controlled
     Based on prima facie view
     Not a trial or evaluation
    If material exists → charge is framed
    If no material → discharge is mandatory
    Accused has remedies like:
    Discharge application
    Revision
    Sec 482 CrPC

Supreme Court has consistently held that at this stage:
“Only suspicion, not proof, is needed”