Framing of charge in a criminal case is the foundation on which the entire trial and the consequent conviction or acquittal of an accused depends. D.P. Varshni’s How to Frame a Charge revised by Jayant Bhatt is a comprehensive and lucid commentary on this subject.
This book has been finalised at a pivotal moment as the baton of criminal procedure transitions to its successor, the Nagarik Suraksha Sanhita, 2023 (BNSS, 2023), which will be enforced from July 1, 2024. With respect to provisions dealing with framing of charges, this book compares the Criminal Procedure Code, 1973 with the Nagarik Suraksha Sanhita, 2023 (BNSS), and examines the Penal Code (IPC) alongside the Nyaya Sanhita, 2023 (BNS). Throughout this commentary, where sections of the Criminal Procedure Code, 1973; Penal Code, 1860; and Evidence Act, 1872 are discussed, corresponding sections of the Nagarik Suraksha Sanhita, 2023 (BNSS); Nyaya Sanhita, 2023 (BNS); and Sakshya Adhiniyam, 2023 (BSA) have been mentioned for comparative study.
The initial six chapters focus on different facets of framing charges. The remaining chapters provide model charges for offences under various enactments, offering a concise introduction to each statute. The learned revising author has diligently incorporated statutory changes and recent judicial decisions at relevant points throughout the book, ensuring its up-to-date and valuable nature.
The following are the notable features of this edition:
- More than sixty-four important statutes including nine new additions covered with model charges.
- Relevant sections of the model charges included for easy reference.
- Appendix contains relevant sections on charge framing of BNSS, 2023 and Code of
Criminal Procedure in a comparative tabular format along with case law.
The book will prove to be immensely useful to judges, advocates, public prosecutors, law enforcement agencies and students.
Reviews
“It is gratifying to note that by and large all important legal decisions, English and Indian, have been noticed to elucidate and substantiate the principles stated. ... In short the technical and vexed subject has been made as simple and palatable as possible for easy understanding. To adorn the book further, there is a format of charges for offences under some important penal enactments.”
- Kerela Law
“The chief value of this book lies in the fact that it contains in one small volume the model forms for framing charges in respect of offences not only under the IPC (1860) but also under the various other statutes viz. the Arms Act (1959), Prevention of Food Adulteration Act (1954), Essential Commodities Act (1940).”
– Criminal Law Journal
Table of Contents
- The Theory Behind Charge Framing
- From Concept to the Mundane
- Joinder and Misjoinder of Charges and Clubbing of Cases
- Charges Before Magistrates
- Charge Before the Court of Session
- The Crucial Steps
Model Charges
- Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016
- I. Ancient Monuments Preservation Act, 1904
- II. Ancient Monuments and Archaeological Sites and Remains Act, 1958
- III. Antiquities and Art Treasures Act, 1972
- Anti-Hijacking Act, 2016
- Air (Prevention and Control of Pollution) Act, 1981
- Arms Act, 1959
- Atomic Energy Act, 1962
- Births, Deaths and Marriages Registration Act, 1886
- Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015
- Boilers Act, 1923
- Bonded Labour System (Abolition) Act, 1976
- Cable Television Networks (Regulation) Act, 1995
- Chit Funds Act, 1982
- Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
- Contempt of Courts Act, 1971
- Copyright Act, 1957
- Customs Act, 1962
- Depositories Act, 1996
- Dowry Prohibition Act, 1961
- Drugs and Cosmetics Act, 1940
- Electricity Act, 2003
- Emigration Act, 1983
- Environment (Protection) Act, 1986
- Essential Commodities Act, 1955
- Explosive Substances Act, 1908
- Food Safety and Standards Act, 2006
- Foreign Contribution (Regulation) Act, 2010
- Foreign Marriage Act, 1969
- Foreigners Act, 1946
- Forest Act, 1927
- Forward Contracts (Regulation) Act, 1952
- Immoral Traffic (Prevention) Act, 1956
- Indecent Representation of Women (Prohibition) Act, 1986
- Infant Milk Substitutes, Feeding-Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992
- Information Technology Act, 2000
- Insecticides Act, 1968
- Juvenile Justice (Care and Protection of Children) Act, 2015
- Legal Metrology Act, 2009
- Lotteries (Regulation) Act, 1998
- Medical Termination of Pregnancy Act, 1971
- Motor Vehicles Act, 1988
- Narcotic Drugs and Psychotropic Substances Act, 1985
- National Investigation Agency Act, 2008
- Negotiable Instruments Act, 1881
- Official Secrets Act, 1923
- Penal Code, 1860 (Act 45 of 1860) and its successor Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023)
- Places of Worship (Special Provisions) Act, 1991
- Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
- Prevention of Corruption Act, 1988
- Prevention of Damage to Public Property Act, 1984
- Prohibition of Benami Property Transactions Act, 1988
- Protection of Women from Domestic Violence Act, 2005
- Protection of Children from Sexual Offences Act, 2012
- Prevention of Money-Laundering Act, 2002
- Prohibition of Child Marriage Act, 2006
- Railways Act, 1989
- Railway Property (Unlawful Possession) Act, 1966
- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- State Emblem of India (Prohibition of Improper Use) Act, 2005
- Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002
- Trade Marks Act, 1999
- Transplantation of Human Organs and Tissues Act, 1994
- Unlawful Activities (Prevention) Act, 1967
- Wild Life (Protection) Act, 1972
Appendix
- Code of Criminal Procedure, 1973 and Its Successor Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 45 of 2023)
- Subject Index
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