Legal Provisions of Section 240 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Framing of charge:
This section and the previous Section 239 should be read together. When the Magistrate forms an opinion that there is ground for presuming that the accused has committed an offence which he is competent to try and punish under this chapter, he shall proceed with the trial by framing a charge against the accused. At this stage, when the charge is framed against the accused for an offence alleged to have been committed by him, it is not possible for the Court to enter into the pros and cons of the matter and consider the evidence meticulously.
ADVERTISEMENTS:
In taking action under this section, the Magistrate is required to apply his judicial mind to the facts of the case keeping throughout in view the essential ingredients of the offence for which accused is sought to have been charged. Once the accused is charge- sheeted there is no question of dropping of charge and he has either to be convicted or acquitted.
The provisions of Sections 239 and 240 being mandatory their non-compliance would vitiate the framing of charge.
Sub-section (2) further requires that the charge should not only be read out but also explained to the accused and it should be ensured that he has understood it properly.
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