How Hearing Before Charge (HBC) is Framed in Court

Briefly: Hearing'before'charge (HBC) in 498A / Dowry Prohibition Act cases follows the usual post'charge'sheet procedure: after the investigating officer files the charge'sheet the court must furnish copies to the accused (BNSS s.230 / former CrPC s.207) and then hold a hearing in which prosecution and defence are heard on any discharge application and on whether there are sufficient grounds to frame charges; the controlling test is that the judge may sift and weigh the material for a limited prima'facie enquiry and should frame a charge where the materials disclose a grave suspicion but discharge where only mere suspicion exists (Union of India v. Prafulla Kumar Samal). Arrests and custodial steps in 498A / DPA cases are subject to the Arnesh Kumar safeguards (preliminary enquiry/recorded reasons; follow BNSS arrest provisions) to prevent mechanical arrests. Note that IPC/CrPC/Evidence Act references are now read as BNS/BNSS/BSA, and Section 498A maps to BNS s.85 (cruelty). Authorities and statutes: Union of India v. Prafulla Kumar Samal (Supreme Court) https://indiankanoon.org/doc/1360078/; Arnesh Kumar v. State of Bihar (Supreme Court) https://indiankanoon.org/doc/147520973/; BNSS s.230 (supply of copies) and related BNSS provisions -discussion in Sarla Gupta v. Directorate of Enforcement (May 7, 2025) https://www.latestlaws.com/adr/case-analysis/hc-explains-powers-of-ed-post-replacement-of-ipc-with-bns-read-judgment-227419/; BNSS discharge/framing provisions (see consolidated notes) https://www.scribd.com/document/885744506/Revised-Charge-BNSS; BNS s.85 (equivalent of 498A) https://bnslaw.info/section-85-bns/.