636+ Lawyers are online 
How HEARING Before Charge Framed
17-Jun-2023 (In Domestic Violence Law)
Hi law experts, please through some light on How HBC are framed in 498a & Dowry prohibition act 3&4?
Dear Sir,
Whenever charge sheet is filed the next stage is HBC which means to HEAR BEFORE CHARGE. The Accused is at liberty to file discharge application under Section 239 of Cr.P.C in any criminal case. Thus, you can file such application and the prosecutor will file his objections then it will be posted for arguments. If Accused are not discharged then Accused have liberty to approach High Court. Never submit for trial just drag on the matter by approaching High Court if your discharge application is rejected. Be informed that in Family cases with offences punishable under Section 498A of IPC and Section 3 and 4 of DP Act the normal tendency of the Courts is that they will convict atleast the husband.
Whenever charge sheet is filed the next stage is HBC which means to HEAR BEFORE CHARGE. The Accused is at liberty to file discharge application under Section 239 of Cr.P.C in any criminal case. Thus, you can file such application and the prosecutor will file his objections then it will be posted for arguments. If Accused are not discharged then Accused have liberty to approach High Court. Never submit for trial just drag on the matter by approaching High Court if your discharge application is rejected. Be informed that in Family cases with offences punishable under Section 498A of IPC and Section 3 and 4 of DP Act the normal tendency of the Courts is that they will convict atleast the husband.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
Chat
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.
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 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 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.
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 Domestic Violence 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."
