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FRAMING OF ISSUES VS FRAMING OF CHARGES

1.   Basic Difference

PointFraming of IssuesFraming of Charges
NatureCivil LawCriminal Law
PurposeIdentify disputes between partiesInform accused of exact offence
StageAfter pleadings (Plaint & WS)After charge-sheet / police report
LawCode of Civil Procedure, 1908Bharatiya Nagarik Suraksha Sanhita, 2023
FocusRights & liabilitiesGuilt / 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

  1. Issue of Fact
  2. 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)

FactorIssuesCharges
Against whomBoth partiesOnly accused
BurdenOn plaintiff (generally)On prosecution
ResultDecreeConviction / Acquittal
FlexibilityCan be amendedStrict (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

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MOST IMPORTANT COURT APPLICATIONS

1️. Bail Application

Used to seek release of the accused from custody.

Relevant law:

  • Bharatiya Nagarik Suraksha Sanhita, 2023 Section 480 – Regular Bail
  • Section 482 – Anticipatory Bail
  • Section 483 – Interim Bail

2️. Default Bail Application

Filed when the police fail to file the charge sheet within the prescribed time.

Relevant provision:

  • **Bharatiya Nagarik Suraksha Sanhita, 2023 Section 187

3️. Discharge Application

Filed before the trial begins when the accused claims that no prima facie case exists.

Relevant provision:

  • **Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 250 / 251

4️. Application for Framing of Additional Charges

Filed when prosecution wants additional charges.

Relevant provision:

  • **Bharatiya Nagarik Suraksha Sanhita, 2023 Section 244

5️. Application for Summoning Additional Accused

Filed when evidence shows involvement of another person.

Relevant provision:

  • **Bharatiya Nagarik Suraksha Sanhita, 2023 Section 358

6️. Application for Recall / Re-examination of Witness

Filed to recall a witness for further examination.

Relevant provision:

  • **Bharatiya Nagarik Suraksha Sanhita, 2023 Section 348

7️. Application for Exemption from Personal Appearance

Filed when accused cannot attend court personally.

Relevant provision:

  • **Bharatiya Nagarik Suraksha Sanhita, 2023 Section 228

8️. Application for Cancellation of NBW

Filed when a Non-Bailable Warrant has been issued.

Relevant provision:

  • **Bharatiya Nagarik Suraksha Sanhita, 2023 Section 70 / 73

9️. Application for Compounding of Offence

Filed when parties compromise in compoundable offences.

Relevant provision:

  • **Bharatiya Nagarik Suraksha Sanhita, 2023 Section 359

10. Application for Plea Bargaining

Used when the accused accepts guilt and seeks lesser punishment.

Relevant provision:

  • **Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 290/ 265A–265L (earlier CrPC provisions)

Important Applications in Civil Courts

1️. Temporary Injunction Application

Filed to stop someone from doing a particular act.

Relevant provision:

  • **Code of Civil Procedure, 1908 Order 39 Rule 1 & 2

2️. Application for Amendment of Pleadings

Filed to modify pleadings.

Relevant provision:

  • **Code of Civil Procedure, 1908 Order 6 Rule 17

3️. Application for Restoration of Suit

Filed when suit is dismissed for default.

Relevant provision:

  • **Code of Civil Procedure, 1908 Order 9 Rule 9

4️. Application for Setting Aside Ex-Parte Decree

Filed when decree passed without appearance.

Relevant provision:

  • **Code of Civil Procedure, 1908 Order 9 Rule 13

5️. Execution Application

Filed to enforce decree or order.

Relevant provision:

  • **Code of Civil Procedure, 1908 Order 21

Applications Used in Daily Criminal Practice

Advocates frequently file:

  • Bail Application
  • Exemption Application
  • NBW Cancellation Application
  • Discharge Application
  • 311 CrPC Witness Recall Application
  • 319 CrPC Additional Accused Application
  • Compromise Application
  • Default Bail Application

Conclusion

Advocates commonly use bail, discharge, witness recall, exemption, injunction, and execution applications in daily litigation. Knowledge of the relevant procedural sections under BNSS, CPC, and other laws is essential for effective court practice.

These are the applications most frequently used in criminal practice.


Most Important Criminal Court Applications (CrPC & BNSS Sections)

No.Court ApplicationCrPC SectionBNSS Section
1Application for Regular BailSec 437 / 439Sec 480 / 483
2Application for Anticipatory BailSec 438Sec 482
3Application for Default BailSec 167(2)Sec 187(3)
4Application for Cancellation of BailSec 437(5), 439(2)Sec 480(5), 483(2)
5Application for DischargeSec 227 / 239Sec 250 / 263
6Application for Framing of Charge ObjectionSec 228 / 240Sec 251 / 264
7Application for Compounding of OffenceSec 320Sec 359
8Application for Plea BargainingSec 265A–265LSec 290–300
9Application for Recall of WitnessSec 311Sec 348
10Application for Summoning Additional AccusedSec 319Sec 358
11Application for Exemption from Personal AppearanceSec 205 / 317Sec 227 / 382
12Application for Supply of DocumentsSec 207Sec 230
13Application for Further InvestigationSec 173(8)Sec 193(9)
14Application for Quashing of FIRSec 482Sec 528
15Application for MaintenanceSec 125Sec 144
16Application for Alteration of ChargeSec 216Sec 243
17Application for Issuance of Process / SummonsSec 204Sec 227
18Application for Attachment of PropertySec 83Sec 86
19Application for Proclamation of Absconding AccusedSec 82Sec 84
20Application for Compensation to VictimSec 357Sec 396

Most Frequently Used Applications by Advocates (Daily Practice)

1️. Bail Applications

  • Regular Bail
  • Anticipatory Bail
  • Default Bail

These are the most common applications in criminal courts.


2️. Trial Stage Applications

  • Discharge application
  • Recall witness application
  • Summon additional accused application
  • Alteration of charge application

3️. Magistrate Court Applications

  • Exemption from personal appearance
  • Supply of documents
  • Maintenance application

4️. High Court Applications

  • Quashing of FIR
  • Bail under special circumstances

Important Litigation Tip for Advocates

After July 2024, courts increasingly refer to BNSS sections, but many lawyers still mention both sections together in applications.

Example:

“Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 of the Code of Criminal Procedure, 1973).”

This avoids confusion during the transition from CrPC to BNSS.


Conclusion

For advocates practicing criminal law, the most important applications revolve around bail, trial procedure, witness examination, investigation issues, and maintenance proceedings, and it is now advisable to mention both CrPC and BNSS sections in pleadings.


For Educational & Legal Awareness
Website: www.ushavatsassociates.in