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According to Union of India v. Prafulla Kumar Samal (Supreme Court, 6 November 1978), what is the…

Prafulla Kumar Samal held that under CrPC s.227 the judge may sift and weigh the evidence for the limited purpose of finding whether a prima facie case exists, considering…

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According to Union of India v. Prafulla Kumar Samal (Supreme Court, 6 November 1978), what is the proper approach when deciding whether to frame a charge under CrPC section 227 (now section 250 of the BNSS)?

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Prafulla Kumar Samal held that under CrPC s.227 the judge may sift and weigh the evidence for the limited purpose of finding whether a prima facie case exists, considering the broad probabilities, the documents and any basic infirmities. Grave suspicion is enough to frame a charge; the court does not hold a mini-trial, nor does it simply accept the prosecution's case.

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