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How the charges are framed in court provided by the police
17-Aug-2023 (In Criminal Law)
If an accused charged by police section 302,304B,498A,201,34 but the evidence which police have 304B,498A,34 . So my question is how court will consider this case , will the court punish on the basis of 304B because of evidence or the court will continue 302.
All the offence you tell are no bailable. If the evidence continue in 302 so never possible to given the punishment in 304b because all the offence is based on same punishment so firstly trail is completed of 302 then charged up on another offence
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Adv. Vaibhav
Delhi | 25+ Answers
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the charge u/s 302 ipc cannot be in the alternative. it has to be either main charge or not at all. as per jaswinder saini judgment of the hon'ble apex court the aforesaid dicta was laid down.
prima facie case and material on record is seen at time of framing of charge
prima facie case and material on record is seen at time of framing of charge
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Adv. Gurmeet Singh
Dehradun | 100+ Answers
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Sir in this, we have to argue before court to alter the charge from 302 to 304B. For better guidance I need chargesheet.
When this case is pending ?
We may fix up a meeting so that we can discuss further.
When this case is pending ?
We may fix up a meeting so that we can discuss further.
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Adv. Mohit Popli
Delhi | 100+ Answers
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