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Framing Of Charges And Prosecution Evidence In A Sessions Trial

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P. Sindhu, Government Law College, Salem


ABSTRACT


The right to a fair trial, which is protected by Article 21 of the Indian Constitution, is the foundation for the administration of criminal justice within adversarial systems. The Sessions Trial holds a crucial position in criminal jurisprudence, handling serious crimes with harsh punishments. A Sessions Trial's course and integrity are determined by two crucial phases: the recording of prosecution evidence and the formulation of charges. The procedural rules guiding the formulation of charges under the Code of Criminal Procedure, 1973 (CrPC) and its contemporary statutory successor, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), are thoroughly examined in this study. It looks at the legal standard needed to prosecute an accused person, moving from the assessment of prima facie suspicion to the demanding standard of proof beyond a reasonable doubt. Additionally, three significant landmark rulings from the Indian Supreme Court are examined in this article (Union of India v. Sajjan Kumar v. CBI, State of Orissa v. Debendra Nath Padhi, and Prafulla Kumar Samal) to assess the limits of judicial discretion, the rule prohibiting pre-trial prejudice, and the initial exclusion of defense documents. Lastly, the study looks at the prosecution's evidence phase, assessing procedural safeguards, witness examination, and statutory timelines.


Keywords: Judicial Discretion, Prima Facie Case, Prima Facie Suspicion, Framing of Charge, Discharge, Prosecution Evidence, CrPC, and BNSS.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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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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