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What is Trial to be conducted by Public Prosecutor? What is Opening case for prosecution? What is Discharge? What is Framing of charge? Section 225,226,227 and 228 of Code of Criminal Procedure 1973

Trial to be conducted by Public Prosecutor, Opening case for prosecution, Discharge, Framing of charge are defined under Section 225, 226, 227 and 228 of CRPC 1973. Provisions under these sections are:


Section 225 of CRPC "Trial to be conducted by Public Prosecutor"

In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.




Section 226 of CRPC "Opening case for prosecution"

When the accused appears or is brought before the Court in pursuance of a commitment of the case under section 209, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.


Section 227 of CRPC "Discharge"
If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.


Section 228 of CRPC "Framing of charge"

(1) If, after such consideration and hearing as aforesaid, the Judge, is of opinion that there is ground for presuming that the accused has committed an offence which -
(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, and thereupon the Chief Judicial Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;

(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused.

(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.


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