Framing of Charge. Examination in Chief (Week 9-10)

Abstract

Trial begins from the framing of the charge in a criminal case and ends at the pronouncement of the judgment in acquittal or conviction. The law of trial is the province of the Criminal Procedure which is an adjective law and is the machinery for the implementation of the substantive law. In Pakistan the general substantive Criminal Penal law is contained in the Pakistan Penal Code, 18601 and the general procedural criminal law is contained in the Code of Criminal Procedure 18982. The special enactments are also there in respect of certain crimes and they provide specific procedure. Where it is so provided that special procedure is to apply in those cases and the general law of procedure is to yield before it.

Where there is no special law, the general law of procedure is applied. In Pakistan the law of charge is provided in two sections. Firstly, the charge framed by a Magistrate is provided in section 242 Cr.P.C3. 1898 and secondly the charge framed by a Sessions Judge is provided in section 265-D Cr.P.C. 1898. As to what is a charge, its language, its form, its joinder with other charges and all matters related to charge are given in Chapter XIX vide section 221 to 240 of the Cr.P.C. 1898. This paper is an attempt to explain the Charge in all aspects in the light of the judicial precedents on the subject.

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judgement.pdf (0.21 MB )

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