Section 225, 226, 227 & 228 of CRPC | Trial, Opening, Discharge & Framing of charge | Chapter 18

Follow on Instagram-
CHAPTER XVIII
TRIAL BEFORE A COURT OF SESSION
225. Trial to be conducted by Public Prosecutor.
226. Opening case for prosecution.
227. Discharge.
228. Framing of charge.
Section 225 in The Code Of Criminal Procedure, 1973
225. Trial to be conducted by Public Prosecutor. In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.
Section 226 in The Code Of Criminal Procedure, 1973
226. Opening case for prosecution. When the accused appears or is brought before the Court in pursuance of a commitment of the case under section 209, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.

Section 227 in The Code Of Criminal Procedure, 1973
227. Discharge. If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.
Section 228 in The Code Of Criminal Procedure, 1973
228. Framing of charge.
(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, and thereupon the Chief Judicial Magistrate 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 the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.
#chapter18 #Trial #SessionCourt #PublicProsecutor #Opening #Discharge #Charge #Charges #Framing #FramingOfCharges

[jaingaurav]

Respected Sir, thank you very much for the valuable information, I want to ask you one thing, if in a criminal case a accused is falsely implicated by the police in the false case and also the same accused is shown as "VICTIM" after the complete investigation of the case in charge sheet. The accused is not having any role in the criminal activity rather he was trapped by the main accused, can that co-accused who is shown as VICTIM can get discharged from the Honourable court under Section 227 in The Code Of Criminal Procedure IPC Kindly do let me know Sir