CrPC Section 235

CrPC Section 235 deals with the critical stage of framing charges against an accused in a criminal trial. This step formally informs the accused of the allegations, enabling them to prepare a defense. Understanding this section is essential for both legal practitioners and citizens to ensure fair trial procedures.

The section ensures that charges are clearly stated before the trial begins, preventing surprises and upholding the accused's right to know the case against them. It also guides the court on how to proceed if the evidence is insufficient to frame charges.

CrPC Section 235 – Exact Provision

This section mandates the court to examine the evidence before formally charging the accused. If the evidence suggests a reasonable possibility of guilt, a written charge must be framed and explained to the accused. Otherwise, the accused should be discharged, preventing unnecessary trials.

• Judge must consider case records and documents before framing charges.

• Charges must be framed in writing and explained to the accused.

• If no grounds exist, the accused is discharged.

• Ensures accused understands the allegations clearly.

• Prevents frivolous or baseless trials.

Explanation of CrPC Section 235

This section means that before a trial starts, the court must decide if there is enough evidence to charge the accused. If yes, the charge is formally written and explained. If not, the accused is freed.

• The section requires the judge to review evidence and documents.

• Affects the accused and the trial court.

• Triggered after the police or prosecution submits the case.

• Allows the court to frame charges or discharge the accused.

• Prohibits proceeding with trial without framed charges.

Purpose and Rationale of CrPC Section 235

Section 235 exists to protect the accused from being tried without clear charges. It ensures the trial is fair by informing the accused of the exact allegations. This prevents surprise during trial and upholds the principles of natural justice.

• Protects the accused's right to know charges.

• Ensures proper trial procedure is followed.

• Balances court’s duty to prosecute and protect rights.

• Prevents misuse of judicial process.

When CrPC Section 235 Applies

This section applies after the prosecution submits evidence and before the trial begins. The court must decide whether to frame charges or discharge the accused based on the evidence.

• Applies when the case is ready for trial.

• Judge or Magistrate has authority to frame charges.

• Trial courts in criminal cases handle this step.

• No fixed time limit but occurs before trial starts.

• Not applicable if charges are already framed under other provisions.

Cognizance under CrPC Section 235

Cognizance here means the court’s decision to formally charge the accused after reviewing evidence. The judge examines the case record and documents, then decides to frame charges or discharge. This step is crucial to initiate the trial properly.

• Judge reviews evidence and case records.

• Decision to frame charge or discharge is recorded.

• Charge is read and explained to the accused.

Bailability under CrPC Section 235

Section 235 itself does not specify bailability but relates to the stage before trial. Bailability depends on the nature of the offence charged. If charges are framed for bailable offences, the accused may get bail; for non-bailable offences, bail is subject to court discretion.

• Bail depends on offence nature, not this section.

• Accused can apply for bail after charges are framed.

• Section ensures accused knows charges before bail decisions.

Triable By (Court Jurisdiction for CrPC Section 235)

Cases under Section 235 are triable by courts competent to try the offence charged. Typically, Magistrate courts handle trials for less serious offences, while Sessions courts try serious offences after charges are framed.

• Trial court frames charges under this section.

• Magistrate or Sessions court depending on offence.

• Trial proceeds only after charges are framed.

Appeal and Revision Path under CrPC Section 235

If the accused is discharged under this section, the prosecution may appeal to a higher court. Similarly, if charges are framed, the accused can challenge the framing in revision or appeal after conviction or acquittal.

• Prosecution can appeal discharge to Sessions Court.

• Accused can appeal conviction after trial.

• Revision petitions may be filed against framing decisions.

Example of CrPC Section 235 in Practical Use

Person X is accused of theft. After investigation, the police submit evidence to the court. The judge reviews the evidence and finds sufficient grounds to charge X. The judge frames the theft charge in writing and explains it to X, who then prepares a defense. This prevents surprise and ensures fairness.

• Section 235 ensured X was formally charged.

• Key takeaway: accused must know charges before trial.

Historical Relevance of CrPC Section 235

This section has evolved to strengthen fair trial rights. Earlier laws lacked clear framing procedures, causing unfair trials. Amendments clarified the judge’s role in framing charges and protecting accused rights.

• Introduced to formalize charge framing.

• Amended to require written charges and explanation.

• Enhanced accused’s right to a fair trial.

Modern Relevance of CrPC Section 235

In 2026, Section 235 remains vital for transparent criminal trials. It supports digital case records and evidence review, ensuring accused receive clear charges even in complex cases. It also helps courts manage caseloads by discharging baseless cases early.

• Supports fair trial in digital evidence era.

• Prevents unnecessary trials and delays.

• Balances efficient justice with rights protection.

Related Sections to CrPC Section 235

• Section 228 – Commencement of trial

• Section 239 – When accused shall be discharged

• Section 240 – Framing of additional charge

• Section 241 – Joinder of charges

• Section 242 – Trial when charge not framed

Case References under CrPC Section 235

1. State of Maharashtra v. Dr. Praful B. Desai (1995, 6 SCC 651)

   – Court emphasized the importance of clear framing of charges for fair trial.

2. K.K. Verma v. Union of India (1965, AIR 1722)

   – Held that framing of charge must be based on prima facie evidence.

3. Hari Ram Sharma v. State of Rajasthan (2000, AIR 123)

   – Discharge under Section 235 upheld due to lack of evidence.

Key Facts Summary for CrPC Section 235

• Section:

  235

• Title:

  Framing of Charges

• Nature:

  Procedural

• Applies To:

  Magistrate, accused

• Cognizance:

  Judge reviews evidence and frames charge or discharges

• Bailability:

  Depends on offence charged

• Triable By:

  Magistrate or Sessions Court

Conclusion on CrPC Section 235

CrPC Section 235 is a cornerstone of criminal procedure, ensuring that accused persons are formally and clearly charged before trial. This protects their right to a fair hearing and prevents unnecessary trials. By requiring written charges and explanation, it upholds transparency in the criminal justice system.

The section balances the court’s duty to prosecute with the accused’s rights, ensuring trials proceed only when justified by evidence. Understanding Section 235 empowers citizens and legal professionals to safeguard fair trial standards and uphold justice.

FAQs on CrPC Section 235

What does framing of charges mean under Section 235?

Framing of charges means the court formally states the accusations against the accused in writing and explains them, so the accused knows what they are being tried for.

Can the accused be discharged at the framing stage?

Yes, if the judge finds no sufficient evidence to presume the accused committed an offence, they can discharge the accused without proceeding to trial.

Who decides whether to frame charges or discharge the accused?

The trial judge or magistrate reviews the evidence and decides whether to frame charges or discharge the accused under Section 235.

Is bail decided at the framing of charges stage?

Section 235 does not decide bail. Bail depends on the offence nature and is considered separately by the court after charges are framed.

Can the framing of charges be challenged?

Yes, the accused can challenge the framing of charges through revision petitions or appeals after trial, especially if they believe charges were wrongly framed.