When should a Magistrate frame the charge?

(1) If, upon such consideration examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion could be adequately punished by him, he shall frame …

When should the Magistrate frame the charge under which chapter?

Section 246 of the Code states that when in any warrant case otherwise than on a police report, the accused is brought before a Magistrate and the Magistrate upon examination and hearing, is of the opinion that there are sufficient grounds to presume that the accused has committed the offence, then the Magistrate shall …

What if chargesheet is not filed within 90 days?

An indefeasible right accrues in favour of the accused for being released on bail if the police fails to complete the probe and no charge-sheet is filed within the period of 90 days or 60 days as the case may be, under Section 167 (2) of Code of Criminal Procedure, 1973. Supreme Court in Criminal Appeal No.

When can a discharge application be filed?

The discharge application can only be filed against warrant cases. Warrant cases consist of serious crimes that are punishable with death or imprisonment more than 2 years. A warrant is a document or order that empowers the Police to arrest a person holding criminal charges.

What is charge sheet under CRPC?

A charge sheet is a final report prepared by the investigation or law enforcement agencies for proving the accusation of a crime in a criminal court of law. It is on the basis of the charge sheet and other finding of records, the magistrate frames the charge against the accused, whether to plead guilty or not.

When Can court alter the charge?

Court may alter charge. —(1) Any court may alter or add to any charge at any time before judgment is pronounced. (2) Every such alteration or addition shall be read and explained to the accused.

Can charge sheet be filed after 90 days?

An indefeasible right accrues in favour of the accused for being released on bail if the police fails to complete the probe and no charge-sheet is filed within the period of 90 days or 60 days as the case may be, under Section 167 (2) of Code of Criminal Procedure, 1973.

Can bail be applied before charge sheet?

The Supreme Court Thursday issued guidelines for granting bail after the filing of charge sheet and said trial courts are not precluded from granting interim relief considering the accused’s conduct during the probe.

When and how is a charge framed?

15. The stage of framing of charge in both Warrant cases and Sessions Cases come only if the accused is not discharged under Section 227 Code of Criminal Procedure by the Sessions Judge in Sessions Cases and under Section 239 Code of Criminal Procedure by the Judicial Magistrate of 1st Class in warrant cases.

Can chargesheet be filed after 90 days?

Chargesheet can be filed in span of 60, 90 and 120 days. Beyond it only courts have the discretion to further pursue the matter or else matter stand closed. But if the chargesheet is not filed then party gets entitled for bail during intervals of 60, 90 and 120 days.

What is the procedure for recording FIR under Section 154 CrPC?

The procedure for recording FIR under section 154 crpc is very simple. Informant can furnish the information either orally or in writing. When the police officer receives oral information he shall reduce it into writing.

What is the time limit for filing a charge sheet?

vi) Charge sheet must be filed within a period of 30 days from the date of egistration of the F.I.R. and in case of failure, extension of time shall be sought for from the jurisdiction Magistrate indicating the reasons for the failure. FIR filed on April, but till date no report from police.

Is it mandatory to record FIR under Section 154 of IPC?

In Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1 the constitutional bench of Supreme Court has held that “The recording of FIR is mandatory under section 154 crpc if the information discloses the commission of a cognizable offence. Hence, no preliminary investigation is permissible in such a situation.”

Which section of CrPC deals with firs?

Section 154 of CrPC is the section that deals with FIRs. Who can file an FIR? An FIR can be filed by the victim of the offence, a witness or anyone who is connected to the crime.