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A charge sheet does not necessarily imply that the accused will go through the entire process of trial. Even before the prosecution proves its case, the court comes to an important point where it decides on the adequacy of legal grounds for the accused to undergo trial. The analysis of the stages of framing of charges in a criminal trial in India , thus, entails considering the nature of the case, the court and the relevant provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). What Does the Charge Stage Mean? Charging is an early judicial process that occurs before prosecution evidence in the trial commences. The judge evaluates the prosecution’s file to decide whether there is enough evidence to proceed with the case against the defendant.   It is crucial to separate the process of charging from one of establishing guilt. In case a charge is framed, the prosecution will still have to prove its case through evidence in the trial.   In Sessions cases,...

A fatal road accident raises two urgent questions: what offence may apply, and what must the driver do after the collision? The answer is not simply “hit-and-run means ten years.” Section 106(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS) is operative. Section 106(2), which contains the specific ten-year punishment for certain fatal driving cases followed by escape without reporting, was excluded from the BNS commencement notification. The latest verified judicial position is the Delhi High Court’s order of 15 July 2026, which records that Section 106(2) had not been notified. The Motor Vehicles Act, 1988 separately imposes post-accident duties.   At A Glance Issue Current position Section 106(1) BNS Operative; up to 5 years and a fine Section 106(2) BNS Enacted but not commenced, as per the latest verified position Section 106(2) punishment Up to 10 years and a fine Motor Veh...

A certified copy of FIR is not simply any piece of paper; it is an important official record that could prove to be very useful when you are looking for bail, filing claims for insurance, attending court hearings, verifying employment records or safeguarding your legal rights when investigated criminally. However, many of us do not know how to get this important official record from the government office concerned. Whether we go to the police station, make an application through the internet or ask help from the court depends upon the stage at which the case has reached, state in which FIR has been filed and if the offense comes under those categories that are prohibited from public access. Who Can Request a Certified Copy? The law usually acknowledges the right of the following individuals to have a copy of: ●        The informer/complainant. ●        Victim of the crime. ●        Accu...