Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 section 211 contents of charge Sorted by: old Page 1 of about 1,196 results (0.161 seconds)

Kenaram Alias Kinuram Majhi Vs. the State

Court : Kolkata

Reported in : (1995)2CALLT296(HC)

..... that apart, section 211 of the code of criminal procedure, 1973, prescribes the contents of charge. ..... the accused stood charged for an offence punishable under section 304, part-i, indian penal code, (hereinafter shortened into i.p.c. ..... state of maharashtra, 1980 cr lj 254 that in a criminal trial the charge is the foundation of the accusation, and every care must be taken to see that it is not only properly framed, but evidence is only tendered in respect of the matters put in the charge and not the other matters. ..... bishnupur, intentionally caused the death of your wife kabita majhi (naskar) with the knowledge that your act was likely to cause death and thereby committed an offenne punishable under section 304 -part i, of the indian penal code, and within my cognizance.and, i hereby direct that you be tried by the said court on the said charge.'9. ..... the way the charge has been so framed would seem to indicate that the accused had been charged for the aforesaid offence for having caused the death of kabita majhi (naskar) with the intention to cause death to her by the alleged act and with the knowledge that his act was likely to cause her death, thus committing the alleged offence punishable under section 304 part i and part ii both.10. ..... the learned trial judge while taking up the case for consideration of charge had, however, framed charge against the accused for having allegedly committed offence punishable under section 304 part-i, i.p.c. .....

Delhi Cloth and General Mills Co. Ltd. Vs. Dil Bahadur and anr.

Court : Delhi

Reported in : ILR1981Delhi478; 1981LabIC1481

..... in this regard, the principle applicable to a criminal trial are set out in sections 211 to 217 of the code of criminal procedure, 1973. ..... but equally i should think it must be open to the petitioner company to contend in reply to this plea that the act or omission with which the respondent had been charged would amount to misconduct for which penal action can be taken against him even though it may not fall within the purview of clause (j) of standing order 27. ..... learned counsel also raised a preliminary objection that it was not open to the respondent to raise this question at this stage when the inadequacy of the charge or its non-maintainability under the standing order cited therein had not been raised as an issue either before the enquiry officer or the tribunal. ..... under these provisions, while it is necessary that the full particulars of the acts, emissions or transactions on the basis of which an accused is sought to be charged with an offence; and the penal provision against which the offence is said to have been committed should he dearly specified in the charge, an omission to state, or an error in stating, the above 'particulars will not be material and will not vitiate the trial unless in fact the accused has been misled and failure ..... but the question here is not of any fresh facts or charges but as to the scope or content of the original charge framed against the respondent. .....

Baldev Singh vs.directorate of Revenue Intelligence

Court : Delhi

..... section 211 (7) of the code of criminal procedure 1973 lays down that the specific charge of previous conviction has to be framed and put to the accused if the accused by reason of such previous conviction is liable to enhanced punishment, which is reproduced below for the sake of convenience. ..... contents of charge(1) every charge under this code shall state the offence with which the accused is charged. ......................... ......................... ..... to be poor, in this land of ' daridra narayanans' (land of poverty) is no crime and to recover debts by the procedure of putting one in prison is too flagrantly violative of article 21 unless there is proof of the minimal fairness of his wilful failure to pay in spite of his sufficient means and absence of more terribly pressing claims on his means such as ..... previous conviction for the purpose of effecting the punishment which the court may think fit to award for the subsequent offence, the fact date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted the court may ad it at any time before sentence is passed. 11. ..... resultantly, the appeal stands allowed to the extent that while maintaining the conviction of the appellant under section 21(c) ndps act, substantive sentenced awarded to him for the said offence crl.a. ..... learned counsel for the appellant submits that he has translated the contents of the application in english after verifying its correctness. .....

Puttasiddamma @ Puttasiddi Vs. State Of Karnataka

Court : Karnataka

..... but at this juncture, it is relevant to refer to chapter xvii of the code of criminal procedure, 1973, in respect of charge.17. ..... rahul rai .k - hcgp) 2 this criminal appeal filed under sec.374(2) of criminal procedure code, by the advocate for the appellant praying to set aside the judgment dated 28.05.2014, passed by i-addl. ..... relates to contents of charge, which contains clauses (i) to (iv) which reads thus: (i) section 212 relates to particulars as to time, place and person; (ii) section 213 relates as to when manner of committing offences must be stated; (iii) section 214 relates to words in charge taken in sense of law under which offence is punishable; (iv) section 218 relates to separate charges for distinct offences. ..... subsequent to committing the case for trial to the sessions court, the case in s.c.no.50/2013 has been assigned whereby the charges were framed against the accused for offences punishable under sections 341 read with section 34 of the ipc, 1860 and so also charges were framed for offences punishable under section 308 read with section 34 of the ipc, 1860. ..... but in the instant case, the accused were charged with major offences under section 308 read with section 34 of the 27 ipc relating to attempt to commit culpable homicide and alternatively charge was framed under section 324 read with section 34 of the ipc by way of clubbing of charge. ..... section 211 cr.p.c. .....

The State Of Karnataka Vs. Bhaskar

Court : Karnataka

..... but chapter xvii of the code of criminal procedure, 1973 requires to be referred to in respect of charge . ..... shankarappa advocate for r-1 to r-17) this criminal appeal filed under sec.378(1) and (3) of criminal procedure code, by the advocate for the appellant praying to i) grant leave to appeal against the judgment and order dated 19.01.2016 passed by the learned i-addl. ..... as to the delay caused in forwarding the fir marked at exhibit p22 to the court having jurisdiction even in respect of sensational case relating to eliminating the deceased madhusudan reddy as according to the theory of the prosecution and even criminal prosecution has been let in based upon the missing complaint at exhibit p1 and complaint at exhibit p2 and thus complaints have been filed by pw-1 / swarupa rani who is none other than the wife of the deceased madhusudan ..... though the mahazar is marked at exhibit p10 and photos of madhusudan reddy as per exhibits p5 and p6, even in the totality of the evidence, along with the uncorroborated oral evidence of pw-1 to pw-5 and pw-14 and contents of the mahazar inclusive of the contents of exhibits p1, p2, p4 and p10 which documents have been got marked on the part of the prosecution, are not sufficient to even to connect the accused persons that they have caused disappearance of the body of madhusudan reddy by ..... relates to contents of charge ; ii) section 212 cr.p.c. ..... i) section 211 cr.p.c. .....

State Vs. Hanuman Dass

Court : Delhi

Reported in : 1987(3)Crimes354; 33(1987)DLT42

..... if the answer is in the affirmative, the judge will be at liberty to presume, ' that the accused has committed an offence' as mentioned in section 228 of the code of criminal procedure for the purpose of framing the charge. ..... kala wati were charged to stand trial u/s 120-b, read with section 302 indian penal code and u/s 302 ipc. ..... (12) the contents of this letter go to show that kaushalya devi was quite happy with her in-laws. ..... (11) the contents .of this letter revealed that kaushalya devi had written it after her statement was recorded on 5.9.82 by budhi singh. ..... not expected to frame the charge mechanically but has to exercise its judicial mind to the given facts of the case. ..... (9) for the purpose of framing charge, the duty of the judge is to consider judicially whether on consideration of the materials on record, it can be said that the accused has been reasonably connected with the offence alleged to have been committed and that on the ..... (7) the contention is that the ld. ..... counsel, prima facie, makes out a case for charge against hanuman dass. ..... after the documents were supplied' to the accused persons, arguments on the charge were heard at length. ..... sessions judge found a prima facie case to exist against accused suresh chand, bahadur mal and tara devi and were charged to stand trial. ..... the case is still at the stage of framing of charges. ..... there is no worthwhile evidence to connect the accused with the offence sought to be charged. ..... fir 284/82 u/s 302/34 indian penal code was registered. .....

Esher Singh Vs. State of Andhra Pradesh

Court : Supreme Court of India

Reported in : 2004(2)ALD(Cri)270; JT2004(3)SC391; 2004(3)SCALE267; (2004)11SCC585

..... section 2(b) of the code of criminal procedure, 1973 (in short the 'code') defines 'charge' as follows:'2(b) 'charge' includes any head of charge when the charge contains more heads than one:'the code does not define what a charge ..... section 211 thereof deals with content of charge ..... charge sheets was filed against a-1 to a-9 for offences punishable under sections 120b and 302 read with section 120b of the indian penal code, 1860 (in short the 'ipc'), section 3(3) of tada and section 27 of the indian arms act, 1959 (in short the 'arms act'), read with sections 5 and ..... the conspiracy alleged is with regard to commission of a serious crime of the nature as contemplated in section 120b read with the proviso to sub-section (2) of section 120a, then in that event mere proof of an agreement between the accused or commission of such a crime alone is enough to bring about a conviction under section 120b and the proof of any overt act by the accused or by any one of them would not ..... finally, when the ultimate offence consists of a chain of actions, it would not be necessary for the prosecution to establish, to bring home the charge of conspiracy, that each of the conspirators had the knowledge of what the collaborator would do so, so long as it is known that the collaborator would put the goods or service to ..... 422/88 under sections 143, 211, 136 r/w 149 ipc was registered ..... the contention that the amendment in 1993 was intended to make the position more rigorous as for a co-accused is, therefore, .....

Sanichar Sahni Vs. the State of Bihar

Court : Supreme Court of India

Reported in : JT2009(13)SC192; 2009(8)SCALE680; (2009)7SCC198; 2009(4)LHSC2416

..... sub-section (1) of section 464 of the code of criminal procedure 1973 ('code' for short) expressly provides that no finding, sentence or order by; a court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless in the opinion of the court of appeal, confirmation or revision, a failure of justice has in fact (emphasis supplied) been occasioned ..... the statement of the appellant under section 313 of the code of criminal procedure (in short 'cr.p.c. ..... : 1956crilj291 , considered the issue of non- framing of charges properly and conviction of an accused for the offences for which he has not been charged and reached the conclusion as under:in such a situation, the absence of a charge under one or other of the various heads of criminal liability for the offence cannot be said to be fatal by itself, and before a conviction for the substantive offence, without a charge, can be set aside, prejudice will have to be made out ..... the appellant was not charged with any other offence except under section 120b ipc though the specific case of the prosecution was that the appellant hatched the criminal conspiracy with his father and brother to eliminate bhola ..... this court repealed the contention observing as under:10 ..... that case averment had been raised that charges have not been framed against the accused persons in accordance with section 211 cr.p.c.. .....

Shahid Riza @ Raju Vs State

Court : Delhi

..... section 211 of the code of criminal procedure, 1973 (hereinafter referred to as the code, for short) requires that a charge should be precisely stated to ensure that the accused gets a full and fair trial, as per certain well established and well understood principles that accord with our notions of natural justice. ..... air1956 sc 116 examined similar provisions in the then code of criminal procedure, 1898, and observed that in procedural laws, disregard of certain nature can be fatal to the trial and can invalidate the conviction but certain other procedural aspect may not be fatal and irregularities can be cured and in that event conviction must stand unless the court is satisfied that there was prejudice. ..... the appellant- shahid riza @ raju, vide impugned judgment dated 27th august 2008, has been convicted under section 326 of the indian penal code, 1860 (hereinafter referred to as ipc) and by order dated 2 nd september, 2009 has been sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of rs. ..... to decide this contention, it is relevant to examine the charge framed against the appellant vide order dated 20th may, 2007, which reads: "that on 22.1.2007, at about 7.45 pm, at a place inside h.no. ..... for the purpose of section 464 of the code, the content of the charge as framed in factual matrix in each case has to be seen and examined to decide whether any prejudice has been caused to the accused. .....

Manjit Singh @ Mange and ors. Vs. Cbi

Court : Supreme Court of India

..... section 2(b) of the code of criminal procedure, 1973 (in short "the code") defines "charge" as follows ..... section 12 of tada enables the designated court to jointly try, at the same trial, any offence under tada together with any other offence `with which the accused may be charged' as per the code of criminal procedure ..... designated court (tada), after considering the material evidence on record, including the post mortem report and the statements made by the accused persons under section 313 of the criminal procedure code, has concluded that the prosecution has adduced sufficient, reliable oral and documentary evidence, which corroborates the confessional statement of both the accused namely, k.k ..... it is relevant to note that s.15 of tada act by the use of non-obstante clause has made confession recorded under s.15 admissible notwithstanding anything contained in the indian evidence act or the code of criminal procedure. ..... section 211 thereof deals with content of charge ..... the designated court (tada) did not find any merit in the contention that the confession statements of k.k.saini and mange were not recorded ..... , we do not see any merit in this contention of the learned senior counsel ..... for appreciating the contention of the learned counsel shri ..... (59) in our view, since no prejudice is caused to the accused, we are unable to agree with the contention of shri. k.t.s ..... the contention that the amendment in 1993 was intended to make the position more rigorous as for a co-accused is, therefore, .....