Case law essay on B.K. Nagaraj vs. Union of India, AIR 2004 Kant 90

 Submitted by:

Ananya Singh, 

 Law student at the NMIMS SCHOOL OF LAW BENGALURU.

https://drive.google.com/file/d/1cKmKcYUYUmaYCjoXwvM-WnvrWoJC8gpb/view?usp=sharing

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Good article on Framing of Charge In Criminal Cases

There is some criticism in some trial courts that the important task of framing charge is being entrusted to stenos by the trial judges. A fortiori, inasmuch as the Supreme Court laid down that the purpose of framing a charge is to give intimation to the accused of clear, unambiguous and precise notice of the nature of accusation that the accused is called upon to meet in the course of a trial. It is primary duty of a judicial officer to remove such criticism from the minds of litigant public. This article may be helpful to newly recruited Junior Civil Judges as to this aspect.
The purpose of framing a charge is to give intimation to the accused of clear, unambiguous and precise notice of the nature of accusation that the accused is called upon to meet in the course of a trial. (See V.C. Shukla v. State Through C.B.I.,1980 Supplementary SCC 92 at page 150 and paragraph 110 of the report). Either it is a warrant case or a summons case, the point is that a prima facie case must be made out before a charge can be framed.

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