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Framing Of Charges And Discharge Proceedings




Yuvashree NV, The Tamilnadu Dr. Ambedkar Law University


ABSTRACT


Framing of charges and discharge proceedings constitute two pivotal preliminary phases in criminal adjudication that decide whether an accused should be sent to trial or released from the matter. These judicial mechanisms ensure only cases supported by adequate material advance to a full trial, thereby shielding individuals from needless prosecution while safeguarding the broader interests of justice. Framing of charges denotes the stage where the court, upon perusal of the record, perceives a prima facie case against the accused. Discharge, conversely, arises when the court finds the evidence inadequate, baseless, or incapable of generating reasonable suspicion. Together, these steps operate as crucial checkpoints that reconcile the rights of the accused with the demands of an equitable and efficient criminal justice system. This article sets out the meaning, objectives, and legal standards that govern framing of charges and discharge proceedings. It reviews judicial doctrines, statutory rules, and the normative tests courts employ to decide whether to frame charges or to discharge the accused. The discussion also addresses practical difficulties, the judiciary’s role, and the importance of guarding against misuse of criminal processes. Grasping these procedures is indispensable for students, advocates, and anyone seeking an understanding of the procedural protections that shape criminal trials.


Keywords: Framing of charges; discharge; prima facie case; criminal procedure; CrPC; judicial discretion; accused rights; trial process; reasonable suspicion; evidence evaluation; legal threshold; criminal justice.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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