86+ Lawyers are online 
Want to whats the meaning of below given line..........
21-Oct-2023 (In Criminal Law)
Counsel for A1 and 3 absent. Issue NBW to A1 and 3 by
Next Purpose: For HBC
In court proceedings, HBC means "Hearing Before Charge". HBC is a legal proceeding that takes place before a person is formally charged with a criminal offence. It is also sometimes referred to as a "pre-charge hearing."
The purpose of an HBC is to provide the person who is under investigation with an opportunity to challenge the evidence against them and to make representations to the Court as to why they should not be charged with the offence. It is a way for the police or prosecutors to assess whether there is enough evidence to justify charging the individual with a criminal offence.
During an HBC, the individual may be represented by a lawyer who can make arguments on their behalf. The police or prosecutors may present evidence and question witnesses. After the HBC, the Court may decide to drop the investigation, offer a caution, or charge the individual with the offence.
HBC is contemplated under Section 239 CrPC in a warrant case before the Magistrate and under Section 227 CrPC in a case before the Court of Session.
The purpose of an HBC is to provide the person who is under investigation with an opportunity to challenge the evidence against them and to make representations to the Court as to why they should not be charged with the offence. It is a way for the police or prosecutors to assess whether there is enough evidence to justify charging the individual with a criminal offence.
During an HBC, the individual may be represented by a lawyer who can make arguments on their behalf. The police or prosecutors may present evidence and question witnesses. After the HBC, the Court may decide to drop the investigation, offer a caution, or charge the individual with the offence.
HBC is contemplated under Section 239 CrPC in a warrant case before the Magistrate and under Section 227 CrPC in a case before the Court of Session.
Helpful?
6+
6+
Adv. Sudershani Ray
Delhi | 200+ Answers
Chat
What is meant by framing of charge?
The framing charges under the CrPC is an important stage in criminal proceedings. A court will accuse a person (the accused) based on the evidence and allegations made by prosecution. 14-Sept-2023
What happens after framing of charges?
If the accused confesses to his guilt, he is immediately punished. If the accused does not admit guilt or denies it, then the judge will charge him under various sections of IPC. The trial begins and the case is then adjourned to gather evidence. The judge will decide if there is no offense after reviewing the material.
What is charge stage in court?
The CRPC charges are filed after the police have completed their investigation and presented the charge sheet stating the offense committed against the accused. The court then examines the chargesheet and decides whether to charge the accused. 29-Sept-2019
What is hearing before charge?
The next step is HBC, which is HEARING BEFORE CHARGE. The accused is free to submit a discharge application in accordance with Section 239 Cr. P.C. in any criminal case. You can then file the application, and if the prosecutor objects to it, it will go before the court for argument.
Advocate for A1 and A3 absent as such Non Bailable Warrant issued. It is posted Hearing Before Charge that is you can file Discharge application saying case may closed as there is no sufficient evidence in the charge sheet. You may get advance the case and get recall NBWs.
Helpful?
28+
28+
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
Chat
In the context of court proceedings, HBC stands for "Hearing Before Charge." It refers to a legal proceeding that takes place before a person is formally charged with a criminal offense. During an HBC, the court reviews the evidence and circumstances of the case to determine whether there is sufficient cause to proceed with charging the accused.
The HBC serves several purposes, including:
The HBC serves several purposes, including:
- Evaluation of Evidence: The court assesses the evidence presented by the prosecution to determine if it establishes a prima facie case against the accused.
- Legal Scrutiny: The legality of the arrest and detention may be examined to ensure that the accused's rights have not been violated.
- Protection of Rights: It provides an opportunity for the accused to be heard and to assert their rights, including the right to bail.
- Decision: After the HBC, the court may decide to formally charge the accused and initiate the trial proceedings or may discharge the accused if there is insufficient evidence or other legal grounds.
Helpful?
Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
