Framing Of Charge- Probative Value Of Materials Cannot Be Gone Into, Material Brought On Record By Prosecution To Be Accepted As True: Delhi HC
2 years, 9 months ago

Framing Of Charge- Probative Value Of Materials Cannot Be Gone Into, Material Brought On Record By Prosecution To Be Accepted As True: Delhi HC

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The Delhi High Court has observed that at the stage of framing of a charge, the probative value of materials on record cannot be gone into and that such material brought on record by the prosecution has to be accepted as true at that stage. It said that when the material placed before the court discloses great suspicion against the accused which has not been properly explained, the court will be justified in framing charge. If on the basis of materials on record a court could come to the conclusion that commission of the offence is a probable consequence, a case of framing of charge exists," the Court said. At the stage of framing of a charge, probative value of the materials on records cannot be gone into, the material brought on record by the prosecution has to be accepted as true at that stage."

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History of this topic

2020 Delhi Riots: High Court Upholds Order Framing Charges Against Accused, Says 'Evidence Will Be Filtered In The Crucible Of Trial'
5 days, 20 hours ago

2020 Delhi Riots: High Court Upholds Order Framing Charges Against Accused, Says 'Evidence Will Be Filtered In The Crucible Of Trial'

Live Law  

The Delhi High Court has upheld a trial court order framing charges against one Salim Malik booked in a case related to the 2020 North-East Delhi riots. Justice Anish Dayal rejected Malik's plea against the trial court order that framed charges against him for the offences under Sections 147, 148, 427, 435 ten rupees), 436, 450, 149 and 188 of …

High Court Rejects Plea to Provide One Opportunity for Disclosure in Framing of Charges Case
1 month, 4 weeks ago

High Court Rejects Plea to Provide One Opportunity for Disclosure in Framing of Charges Case

Live Law  

The Punjab & Haryana High Court has stated that after framing of charges, the prosecution must give only one opportunity of disclosure and the accused may choose to avail of this facility. The court also requires the prosecution to furnish only the list of statements, documents, material objects and exhibits, which are not relied upon by the investigating officer. The …

Trial Court Must Give Prima Facie View About Basis Of Framing Charges Against Accused Under Juvenile Justice Act: Delhi High Court
1 year, 4 months ago

Trial Court Must Give Prima Facie View About Basis Of Framing Charges Against Accused Under Juvenile Justice Act: Delhi High Court

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The Delhi High Court has said that the trial court is required to give a prima facie view stating that on what basis charges have been framed against an accused under the Juvenile Justice Act. However, the court is required to give prima facie view that on what basis the charges were framed,” Justice Dinesh. However, the court is required …

UAPA - 'Watali' Precedent Won't Apply If Evidence Is Of Low Probative Value On Surface Level Analysis : Supreme Court
1 year, 4 months ago

UAPA - 'Watali' Precedent Won't Apply If Evidence Is Of Low Probative Value On Surface Level Analysis : Supreme Court

Live Law  

The Supreme Court's decision to grant bail to Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira appears to have carved out a crucial exception in an otherwise unyielding interpretation of the court's bail-granting powers under the Unlawful Activities Act, which flows from the Zahoor Ahmad Watali judgement. While deprecating the Delhi High Court's 'approach', the Supreme Court held that …

Defence Of Alibi Can Be Raised At The Stage Of Framing Charge, No Rule That It Can Be Considered Only During Defence Evidence: Bombay HC
1 year, 10 months ago

Defence Of Alibi Can Be Raised At The Stage Of Framing Charge, No Rule That It Can Be Considered Only During Defence Evidence: Bombay HC

Live Law  

The Bombay High Court recently held that the defence of alibi can be raised as early as possible at the stage of framing charge as there’s no rule providing that such a defence can only be considered at the stage of defence evidence. The initial stage could be the stage of framing charge…it is not a rule that the plea …

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court
2 years, 1 month ago

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court

Live Law  

The Delhi High Court on Wednesday said a victim's statement under Section 164 CrPC disclosing the offence of rape shall be sufficient to frame charges against the accused under section 376 of Indian Penal Code.Justice Swarana Kanta Sharma said an accused should not merely be discharged in a rape case because the prosecutrix has not stated about the same in …

Legal Drafting: Delhi HC Asks Lawyers To Confine To Facts In Bail Pleas, Skip Adding Judgment Extracts
2 years, 3 months ago

Legal Drafting: Delhi HC Asks Lawyers To Confine To Facts In Bail Pleas, Skip Adding Judgment Extracts

Live Law  

Noting that lawyers add elaborative judgment extracts while drafting bail pleas, the Delhi High Court has requested counsels to adhere to "basic principles of pleading" and mention only facts, legal provisions and grounds on which bail is sought.Justice Talwant Singh observed that there is no need for the drafting counsels to attach copies of the judgements along with pleadings as …

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC
2 years, 3 months ago

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC

Live Law  

Madras High Court recently dismissed a revision petition moved by a man accused of cheating and forgery after observing that while deciding upon discharge, the High Court only had to sift through the evidence on record and form an opinion on whether there was a prima facie case and a strong suspicion against the accused. The case against the petitioner …

"Conviction Is Reasonably Possible If Material On Record Remains Unrebutted": Court Frames Charges Against Six In Delhi Riots Case
2 years, 8 months ago

"Conviction Is Reasonably Possible If Material On Record Remains Unrebutted": Court Frames Charges Against Six In Delhi Riots Case

Live Law  

A Delhi Court has framed charges against six men in a case relating to the North East Delhi riots of 2020 observing that it was prima facie evident that if the material on record remained unrebutted, the conviction of the accused persons was reasonably possible. Additional Sessions Judge Virender Bhat framed charges against Sumit, Naresh Uday Singh, Darshan, Vinod Kumar …

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC
2 years, 8 months ago

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC

Live Law  

The Delhi High Court has observed that an investigation into the offence and elaborate appreciation of evidence is not required and is rather discouraged at the stage of framing of charges and that only the material prima facie establishing a case against or in favour of the accused is what is significant.Justice Chandra Dhari Singh added that as per the …

'Strong Suspicion' Of Prima Facie Case Based On Materials On Record Sufficient To Frame Charges; Need Not Assess Probative Value Of Evidence: Delhi HC
2 years, 10 months ago

'Strong Suspicion' Of Prima Facie Case Based On Materials On Record Sufficient To Frame Charges; Need Not Assess Probative Value Of Evidence: Delhi HC

Live Law  

The Delhi High Court recently dismissed a Revision Petition filed against an order of the Additional Sessions Judge framing the charge of murder against the accused-revisionist. Justice Rajnish Bhatnagar held: "When the material placed before the Court discloses great suspicion against the accused which has not been properly explained, the Court will be justified in framing charge. Aggrieved, the Accused …

"Investigation Highly Callous, Inefficient But Cannot Ignore Statements Of Victims": Delhi Court Frames Charges Against One In Delhi Riots Case
3 years, 3 months ago

"Investigation Highly Callous, Inefficient But Cannot Ignore Statements Of Victims": Delhi Court Frames Charges Against One In Delhi Riots Case

Live Law  

A Delhi Court recently framed charges against one Rohit in a case concerning North East Delhi riots after observing that even though the investigation in the matter appears to be highly callous and inefficient, however, the statements of victims cannot be ignored by the Court. "Be that as it may, it is worth noting that investigation in the matter appears …

Defence On Merits Is Not To Be Considered At Stage Of Framing Of Charge And/Or At The Stage Of Discharge Application: Supreme Court
3 years, 8 months ago

Defence On Merits Is Not To Be Considered At Stage Of Framing Of Charge And/Or At The Stage Of Discharge Application: Supreme Court

Live Law  

The Supreme Court observed that defence on merits is not to be considered at the stage of framing of the charge and/or at the stage of discharge application.At the stage of framing of the charge and/or considering the discharge application, the mini trial is not permissible, the bench comprising Justices DY Chandrachud and MR Shah said.In this case, the Special …

Delhi HC Frames Formats Of Assets And Income For Disclosure Of Judgment Debtor's Financial Capacity, Asks Centre To Consider Incorporating In Statute [Read Judgment]
4 years, 4 months ago

Delhi HC Frames Formats Of Assets And Income For Disclosure Of Judgment Debtor's Financial Capacity, Asks Centre To Consider Incorporating In Statute [Read Judgment]

Live Law  

The Delhi High Court has laid down guidelines for expeditious hearing and disposal of execution cases stating that the delays and difficulties in execution of decree/awards erode public confidence and trust in the justice delivery system and also frustrate the decree holder who are unable to reap the benefits of the decree/award awarded in their favor after a successful litigation. …

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