April 7, 2018

Standard which Courts must Apply while Framing Charges

Law concerning the framing of charges and the standard which courts must apply while framing charges. 
It is well settled that a court while framing charges under Section 227 of the Code of Criminal Procedure should apply the prima facie standard. 

Although the application of this standard depends on facts and circumstance in each case, a prima facie case against the accused is said to be made out when the probative value of the evidence on all the essential elements in the charge taken as a whole is such that it is sufficient to induce the court to believe in the existence of the facts pertaining to such essential elements or to consider its existence so probable that a prudent man ought to act upon the supposition that those facts existed or did happen. 

However, at this stage, there cannot be a roving enquiry into the pros and cons of the matter and weigh the evidence as if he was conducting a trial. 

Case Law Reference
  1. Mauvin Godinho v. State of Goa, (2018) 3 SCC 358
  2. State by the Inspector of Police, Chennai vs. S. Selvi, (2018) 1 Scale 5
  3. State v. A. Arun Kumar, (2015) 2 SCC 417
  4. Sajjan Kumar v. CBI, (2010) 9 SCC 368
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