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Clarity on Charges Framed in Chargesheet


27-May-2023 (In Criminal Law)
FACT: FIR via PCR is filed on 22 IPC Sections while Chargesheet has been filed in court for 4 of those 22 Sections. Q 1: Chargesheet done on 406, 417, 420 and I20B IPC on Accuseds A1 and A2 . My concern; I am hoping that IO has not lowered the penalty attraction , a) Based on Chargesheet ; What is the maximum punishment sought for , each, if Accuseds are tried and punished ? b) Why does Punishment in Cheating 417 be part of chargesheet when 420 is attracted ? Does it mean , if 420 is proved (7 years) then only the 417 (1 year) punishment penalty is attracted ? [ to gain Understanding of IPC section on punishment/ general offences etc] Q 2> a) Recommendation reqd; Is there scope for Additional Investigation based on Magistrate powers on the remaining 22 IPC sections not chargesheeted . [Stage of case: Trial just begun ; HBC complete; Pw1 chief evidence started and deffered to next hearing date.] b) Will it delay more time vs Strengthen the State case?
Answers (1)

Answer #1
957 votes
Dear Sir, You are lucky such sections are included in the charge. It is being tried by Magistrate has power to impose punishment of only 3 yearly and if he think there is sufficient evidence to impose more punishment then he has to transfer the case to Chief Judicial Magistrate. Any the accused get at least 3 years punishment. It is more than sufficient. Please try for it. If satisfied with my answer then please give me Rank FIVE Star after reviewing my profile and call me.
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