Framing of charges does not require a reasoned order -- SC

Framing of charges does not require a reasoned order -- SC
PRESS TRUST OF INDIA

NEW DELHI, JANUARY 5: In a significant judgement to reduce burden on trial courts, the Supreme Court on Wednesday ruled that a trial court may frame charges against an accused without recording reasons thereof.

"The law requires a magistrate to record his reasons for discharging the accused but there is no such requirement if he forms the opinion that there is ground for presuming that the accused had committed the offence which he is competent to try," the court ruled.

A division bench comprising Justices K T Thomas and D P Mohapatra said "if there is no legal requirement that the trial court should write an order showing the reasons for framing a charge, why should the already burdened trial courts be further burdened with such an extra work.''

Justice Thomas, writing the judgement for the bench, said "the time has reached to adopt all possible measures to expedite the court procedures and to chalk out measures to avert all roadblocks causing avoidable delays.

"If a magistrate is to write detailedorders at different stages merely because the counsel would address arguments at all stages, the snail paced progress of proceedings in trial courts would further be slowed down."