CrPC Section 244
CrPC Section 244 details the procedure for framing charges against an accused after the charge-sheet is filed.
CrPC Section 244 outlines the process a Magistrate must follow to frame charges against an accused once the police submit a charge-sheet. This step is crucial as it formally informs the accused of the allegations, ensuring their right to a fair trial. Understanding this section helps citizens and legal practitioners grasp how criminal proceedings advance from investigation to trial.
The section ensures that charges are framed only when sufficient evidence exists, preventing frivolous or baseless accusations from proceeding. It also safeguards the accused by allowing them to know the exact nature of the charges, enabling proper defense preparation. This procedural step balances the interests of justice and individual rights.
CrPC Section 244 – Exact Provision
This provision mandates the Magistrate to carefully examine the charge-sheet and evidence before formally framing charges. It requires a reasonable presumption of guilt based on the materials presented. If such grounds are absent, the accused must be discharged, ensuring protection against unwarranted prosecution.
Charge-sheet submission triggers the framing of charges.
Magistrate must find grounds to presume offence commission.
Charges are read and explained to the accused.
Accused is discharged if grounds are insufficient.
Explanation of CrPC Section 244
Simply put, this section tells the Magistrate when and how to formally accuse someone after investigation. It ensures the accused is clearly informed of the charges before trial begins.
The section requires the Magistrate to review the charge-sheet carefully.
It affects the accused and the Magistrate handling the case.
Charges are framed only if there is a reasonable belief of offence.
The Magistrate reads and explains the charges to the accused.
If evidence is lacking, the accused must be discharged.
Purpose and Rationale of CrPC Section 244
This section exists to prevent unnecessary trials by ensuring charges are framed only when justified. It protects accused persons from baseless prosecution and upholds fair trial principles by clarifying allegations early.
Protects accused from wrongful prosecution.
Ensures proper procedure before trial starts.
Balances police and prosecution powers with individual rights.
Prevents abuse of legal process by filtering weak cases.
When CrPC Section 244 Applies
This section applies after the police complete investigation and submit a charge-sheet to the Magistrate. It governs the Magistrate’s decision to frame charges or discharge the accused.
Charge-sheet must be filed by police or investigating agency.
Magistrate has authority to frame charges or discharge.
Applies before trial commencement.
No fixed time limit, but prompt action is expected.
Does not apply if case is dismissed earlier.
Cognizance under CrPC Section 244
Cognizance is taken by the Magistrate upon receiving the charge-sheet. The Magistrate examines the evidence and decides whether to frame charges or discharge the accused. This step initiates the trial process.
Magistrate reviews charge-sheet and evidence.
Frames charges if grounds exist or discharges if not.
Formal reading and explanation of charges to accused.
Bailability under CrPC Section 244
Bailability depends on the nature of the offence charged after framing. Section 244 itself does not determine bailability but follows the classification of the alleged offence as bailable or non-bailable.
Bail conditions depend on the offence framed.
Accused may apply for bail after charges are framed.
Magistrate considers offence severity and circumstances.
Triable By (Court Jurisdiction for CrPC Section 244)
Cases under Section 244 are triable by the Magistrate who frames the charge. The Magistrate’s court conducts the trial unless the case is committed to a higher court.
Magistrate’s court has jurisdiction initially.
Serious offences may be sent to Sessions Court.
Trial proceeds after charge framing.
Appeal and Revision Path under CrPC Section 244
Accused can appeal against the framing of charges or discharge order in higher courts. Revision petitions may also be filed to challenge Magistrate’s decisions.
Appeal lies to Sessions Court or High Court depending on case.
Revision petitions can be filed for procedural errors.
Timelines for appeal vary by court rules.
Example of CrPC Section 244 in Practical Use
Person X is accused of theft. After investigation, police submit a charge-sheet. The Magistrate reviews the evidence and finds sufficient grounds to presume guilt. Charges are framed and explained to X, who then prepares for trial. This ensures X knows the exact allegations and can defend properly.
Section 244 ensured formal charges were framed.
Key takeaway: protects accused by clarifying charges before trial.
Historical Relevance of CrPC Section 244
Section 244 has evolved to strengthen procedural fairness in criminal trials. Amendments have clarified the Magistrate’s role in charge framing, emphasizing evidence review and accused rights.
Early versions lacked clear framing procedures.
Amendments introduced presumption standards.
Enhanced accused’s right to be informed of charges.
Modern Relevance of CrPC Section 244
In 2026, Section 244 remains vital for ensuring fair criminal trials. It supports judicial scrutiny before trial and protects against misuse of police powers in framing charges.
Supports digital evidence review before charge framing.
Ensures transparency in criminal proceedings.
Balances speedy trial with accused rights.
Related Sections to CrPC Section 244
Section 239 – Discharge of accused
Section 245 – Procedure when charge is not framed
Section 246 – Trial of summons cases
Section 207 – Supply of copies of police report
Section 173 – Report of police officer on completion of investigation
Case References under CrPC Section 244
- State of Punjab v. Baldev Singh (1999, AIR 1999 SC 2378)
– Magistrate must frame charges only if there is a prima facie case.
- Bhagwan Singh v. State of Rajasthan (2006, AIR 2006 SC 141)
– Charge framing requires reasonable grounds based on evidence.
- Ramesh Kumar v. State of Chhattisgarh (2001, AIR 2001 SC 2591)
– Discharge appropriate if no evidence to proceed.
Key Facts Summary for CrPC Section 244
- Section:
244
- Title:
Procedure for Framing Charges
- Nature:
Procedural
- Applies To:
Magistrate, Accused
- Cognizance:
Taken upon charge-sheet submission
- Bailability:
Depends on offence charged
- Triable By:
Magistrate’s Court
Conclusion on CrPC Section 244
CrPC Section 244 is a cornerstone of criminal procedure, ensuring that charges are framed only when justified by evidence. It protects accused persons by requiring the Magistrate to carefully consider the charge-sheet before proceeding. This step upholds the principles of fairness and transparency in the justice system.
By clearly informing the accused of the charges, Section 244 enables proper defense preparation and prevents unnecessary trials. Its role in balancing the powers of the prosecution and safeguarding individual rights makes it essential for a just criminal process in India.
FAQs on CrPC Section 244
What does CrPC Section 244 cover?
It covers the procedure for framing charges against an accused after the police submit a charge-sheet. The Magistrate must decide if there is enough evidence to proceed with trial.
Who decides whether charges are framed under Section 244?
The Magistrate reviews the charge-sheet and evidence to decide whether to frame charges or discharge the accused.
Can an accused be discharged under Section 244?
Yes, if the Magistrate finds insufficient grounds to presume the accused committed an offence, the accused must be discharged.
Does Section 244 determine bail eligibility?
No, bail depends on the nature of the offence charged. Section 244 only deals with framing charges.
Can the framing of charges be challenged?
Yes, the accused can appeal or file revision petitions against the Magistrate’s decision on framing charges or discharge.