In which of the following cases the Supreme Court held that at the stage of framing of charge materials…
In State of Orissa v Debendra Nath Padhi (2005) the Supreme Court held that at the stage of framing charge under sections 227/228 and 239/240 CrPC the court considers only…
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In which of the following cases the Supreme Court held that at the stage of framing of charge materials and document filed by the accused cannot be considered. Material produced by the prosecution alone is to be considered. Depriving the accused of the opportunity is not violative of Articles 14 and 21 of the Constitution?
Answer and explanation
Correct answer B
In State of Orissa v Debendra Nath Padhi (2005) the Supreme Court held that at the stage of framing charge under sections 227/228 and 239/240 CrPC the court considers only the record of the prosecution and the submissions on it; the accused has no right to produce his own material at that stage, and this does not violate Articles 14 and 21. The High Court's inherent jurisdiction to quash on unimpeachable material is a separate matter. The other cases do not lay down this rule.
Current law: From 1 July 2024, the corresponding provisions for proceedings governed by the Bharatiya Nagarik Suraksha Sanhita 2023 are sections 250–251 and 262–263. The ordinary charge/discharge framework continues; High Court inherent jurisdiction is now section 528. Section 531 saves the specified pending proceedings under the earlier Code.
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