Code of Criminal Procedure Act, 1973
228.Framing of charge.-
(1) If, after such
consideration and hearing as aforesaid, the Judge, is of opinion that there is
ground for presuming that the accused has committed an offence which -
(a) is not exclusively
triable by the Court of Session, he may, frame a charge against the accused
and, by order, transfer the case for trial to the Chief Judicial Magistrate,
and thereupon the Chief Judicial Magistrate shall try the offence in accordance
with the procedure for the trial of warrant-cases instituted on a police
report;
(b) is exclusively triable by the Court, he shall frame in writing a charge
against the accused.
(2) Where the Judge frames any charge under
clause (b) of sub-section (1), the charge shall be read and explained to the
accused and the accused shall be asked whether he pleads guilty of the offence
charged or claims to be tried.