B R Gupta Charge and Discharge Under New Criminal Laws

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Part 1: Introduction to Charge and Discharge

1. Meaning and Scope of "Charge" in Criminal Law
2. Understanding "Discharge" in Criminal Proceedings
3. Purpose and Significance of Charges and Discharge
4. Distinction Between Charge, Discharge, and Acquittal

Part 2: Legal Framework for Charges

5. Provisions Related to Charge Under the Code of Criminal Procedure, 1973
   • Section 211: Form of Charge
   • Section 212: Particulars as to Time, Place, and Person
   • Section 213: When Manner of Committing Offense Must Be Stated
   • Sections 214–224: Variance, Joinder, and Multiple Charges
6. Essential Ingredients for a Valid Charge
7. Role of Magistrates and Sessions Judges in Framing Charges
8. Alteration or Amendment of Charges (Section 216 CrPC)

Part 3: Discharge of the Accused

9. Provisions Related to Discharge Under the CrPC
   • Section 227: Discharge in Sessions Cases
   • Section 239: Discharge in Warrant Cases by Magistrates
   • Section 245: Discharge in Complaint Cases
10. Legal Standards for Discharge: Prima Facie Evidence and Insufficient Grounds
11. Judicial Discretion in Discharge Applications

Part 4: Recent Amendments and New Criminal Laws

12. Impact of Amendments to Criminal Laws on Charge and Discharge
13. Special Laws and Their Relevance to Charges and Discharge:
    • The Protection of Children from Sexual Offenses Act (POCSO)
    • The Prevention of Money Laundering Act (PMLA)
    • The Narcotic Drugs and Psychotropic Substances Act (NDPS)
    • The Unlawful Activities (Prevention) Act (UAPA)
    • The Information Technology Act and Cybercrimes

Part 5: Practical Aspects of Framing Charges

14. Drafting Legally Sound Charges
15. Guidelines for Prosecutors in Framing Charges
16. Role of the Defense Counsel During the Framing of Charges
17. Examination of Evidence Before Framing Charges