Is a defective charge necessarily fatal to conviction?

The two sections read together lay down that whatever the irregularity in framing of a charge, it is not fatal unless there is prejudice caused to the accused. The mere omission to frame a charge or a mere defect in the charge is no ground for setting aside a conviction.

What is a accused statement?

After pleading guilty, a defendant is typically offered a formal opportunity to address the court to express remorse, and explain personal circumstances that might be considered in sentencing. This is known as an allocution statement.

Can accused file written statement?

The court may take the help of prosecutor and defence counsel in preparing relevant questions which are to be put to the accused and the court may permit him filing of written statement by the accused as sufficient compliance of this section. The scope and object of Section 313 Cr. P.C : Section 313 Cr.

What are the stages of pre trial in criminal cases?

We shall now delve into this pre-trial phase by analysing the various steps which lead to the filing of the chargesheet.

• First Information of the offence.
• Examination of witnesses.
• Search for evidence.
• Arrest of accused or suspect.
• Charge sheet or Final report.
• Right of an Accused person pre-trial.

What is the meaning of charge in CrPC?

In simple terms, charge means informing the accused person of the grounds on which the accused is charged. A charge is defined under Section 2(b) of the Criminal Procedure Code, 1973 which states, the charge includes any head of the charge when the charge contains more than one head.

What are the contents of charge in CrPC?

The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false property-mark, without reference to the definitions of those crime contained in the Indian Penal Code(45 of 1860); but the sections under which the offence is punishable must …

Who presses charges in criminal cases?

The Prosecutor’s Decision to Press Charges A criminal case usually gets started with a police arrest report. The prosecutor then decides what criminal charges to file, if any. Police officers arrest suspects, but prosecutors decide whether to file formal charges against suspects.

How is the examination of an accused to be recorded?

(1) Whenever the accused is examined by any Magistrate, or by any Court other than High Court Division the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full, in the language in which he is examined, or, if that is not practicable, in the language of …

What is the next step after filing written statement?

7. Production of Documents :- After filing written statement by defendant the next stage of the suit is documents. On this stage both parties have to file documents in court which are in their possession or power.

How do lawyers prepare for trials?

Learn a few successful trial strategies not found in textbooks

1. Prepare a “to do” list.
2. Visit the courtroom.
3. Read everything.
4. Develop your theme.
5. Prepare your jury instructions.
6. Prepare witness outlines, not questions.
7. Anticipate evidentiary issues.
8. Use of effective demonstrative aids.

What is pre-trial in CRPC?

Pre-Trial Rights CrPC provides sections 228, 240, 246, 251, which state that the person brought to the trial shall be made to understand the particulars of the crime committed by him.

What is Section 313 of the CrPC 1973?

Section 313 of the CrPC 1973 deals with the power to examine the accused. It is enshrined in Chapter XXIV of the Act and has four clauses. Section 313 (1) of CrPC deals with when the accused is allowed in a trial or inquiry to explain any circumstance personally to the judge, which is against evidence appearing against him.

What is Section 313 of the IPC?

The accused, under the Section 313, is to be questioned not to get the inference that flows from the circumstances against the accused but to rule out even the remote possibility of any trace of innocence of the accused. However the prosecution must stand on its own legs.

Can a statement under Section 313 CR PC be used against the accused?

Conviction of the accused cannot be based merely on the statement made under section 313 Cr PC. The statement cannot be used against the accused in the case but can be used in any other case but it can be a germane consideration for the court if the prosecution has established the chain of evidence reasonably well.

What is 313 examination of the accused?

Examination of the Accused u/s 313 of CRPC The examination of the accused under Section 313 of the Criminal Procedure Code (Cr P C) by the trial court is popularly known as “313 examination” and the statement deriving out of it is called “313 Statement”. Purpose of 313 Examination