K. H. Kamaladini vs State 2025 INSC 745 - CrPC - Framing Of Charge- Scope Of Hearing
Code of Criminal Procedure 1973 -Section 228 [Section 251 BNSS] - Scope of hearing at the time of framing of the charge - Firstly, at this stage, the Court can examine only the documents forming part of the charge sheet, and no other material can be considered. Secondly, after considering the material on record, the Court has to decide whether or not there exists a sufficient ground for proceeding with the trial against the appellant. Thirdly, at this stage, the Court cannot sift the evidence forming a part of the chargesheet with a view to separating the grain from the chaff. Fourthly, if the Court is of the view that the evidence without cross-examination or rebuttal shows that the accused has not committed any offence, then an order of discharge must be passed. Lastly, if the evidence adduced before the Court creates a grave suspicion against the accused, the Court will not discharge the accused. (Para 9)
Prevention of Corruption Act -Section 13 (Prior to 2018 amendment)- When there is no allegation made in the chargesheet that the accused obtained for himself or for any other person any valuable thing or pecuniary advantage, clause (d) of sub-section (1) of Section 13 of the PC Act will not be attracted. (Para 14)
Supreme Court judgment on scope of hearing at the time of framing of the charge: https://t.co/yrzlE861LA pic.twitter.com/rFS4kzSQjf
— CiteCase 🇮🇳 (@CiteCase) May 21, 2025