Law Relating to Charges and Discharges

Crime which denotes human tendency, conduct, perpetration and act; has its own ingredients of commission and perpetration. Alone and singly no act can be attributed within the ambit of crime which is termed as "an offence" under Section 40 of Indian Penal Code, 1860.

Where an act is attributed to a person "an offender" be an active or passive member of an offence, the purpose of a "Charge" framed as against offender/s firstly requires the elements to be fulfilled and is an incumbent duty of Court of explicitly evaluate the charge leveled as against person/s and where the charge leveled and charged for; does not fulfill the requirements in the form of ingredients, the person/s "offender/s" charged can always be "discharged" by the Court.

As has been observed by Hon'ble Supreme Court in 2015, "A court cannot be a "silent spectator" while presiding over a trial and should see that neither the prosecution nor the accused "corrode" sanctity of judicial proceedings or hijack community interest. "It is the duty of the court to see that neither the prosecution nor the accused play truancy with the criminal trial or corrode the sanctity of the proceeding."

While the Hon'ble Supreme Court in the case of Ghulam Hassan Beigh vs. Mohammad Maqbool Magrey & Ors, 1 2022 LiveLaw (SC) 631 observed, "The endorsement on the charge sheet presented by the police as it is without applying its mind and without recording brief reasons in support of its opinion is not countenanced by law…. All that is required at this stage is that the court must be satisfied that the evidence collected by the prosecution is sufficient to presume that the accused has committed an offence. Even a strong suspicion would suffice."

The Book in hand is written with an intent to make it simple to understand for the Lawyers who wish to step into field of Law and make it as career on criminal side; thus enabling them to understand-

Highlights:

thus enabling them to understand-

• The Principle Fundamentals of Code of Criminal Procedure
• What constitutes an offence?
• Constitution of Courts
• Offences under Special Acts, Special Courts & Applicability Of Code Of Criminal Procedure
• Cognizance of Criminal Cases
• Limitation for Taking Cognizance Under Chapter XXXVI of The Code
• Cognizance under Special Statutes
• Pre-Trial & Post Trial Procedure & Role Of Magistrate
• What Is Charge?
• Law Of Framing of Criminal Charge
• Addition, Alteration, Deletion of Charge
• Wrong Framing of Charge; Error in Framing of Charge & Consequences
• Joint Charge
• Discharge of Accused In Criminal Cases
• Discharge of An Accused In Summons Case
• Discharge Under Special Acts (MCOCA, POCSO, NDPS, UA(P)A, NIA, SC & ST (Prevention of Atrocity), Act
• Law of Domestic Violence - Limitation & Cognizance
• Precedence of Special Law Over General And Prior Laws
• Orders Framing Charge Or Refusing Discharge Are Neither Interlocutory Order Nor Final Order; Reiterates Supreme Court:
• Discharge vs. Quashing In Criminal Prosecutions
• Latest Landmark Judgments On Charge, Framing Of Charge

The book shall be helpful to the legal fraternity while contesting and representing matters before the Court of Law.