Violation of Condition of Remission of Punishment - Section 227

How to file or defend your case for IPC 227 offence?

Filing a case under this Section: Firstly a written complaint must be filed by a lawyer or have a written FIR registered and if by any chance the Police refuse to record your FIR, there is the option to file a written statement over the same with the Police Superintendent.

To Defend the case under Section 227 of the Indian Penal Code: If the defendant is to defend their against the accusations under Section 227 of IPC, then primarily he has to hire a lawyer and have them understand and process the very circumstances of the case at hand, for the defense of every case depends upon the circumstances of that very case. A good lawyer will assist you to either lessen your sentence of punishment or get you out of it.

Any famous judgment w.r.t. IPC 227 if any?

Dinesh Tiwari v. State of U.P: This particular case dealt with the appeal which was directed very much against the judgment and order which was dated to 11th December 2007 and passed by the High Court at Allahabad. The impugned judgment of the High Court in this case, dismissed the application filed by the appellant-accused under Section 482 Crpc particularly for dismissing the order which was dated September 1, 2007, and was passed by the Additional Sessions Signature.

Section 227 of IPC primarily deals with discharge, that is if, upon the consideration of the record of the case and the documents submitted and after hearing the submissions of the accused and the prosecution in this behalf, if the Judge will consider that there is not enough of ground to proceed against the accused, so he may discharge the accused and further record his reasons for doing so.

As per the provision, consideration of the records of the case and the submitted documents before him, also after hearing the submissions of the accused and the prosecution, in case the Judge is of the opinion that no enough ground is made out to further proceedings against the accused, he will be required to discharge the accused and record his reasons for doing the same.

Section 228 asserts that no separate hearing is required to frame the charge, in situations if the accused is not discharged on the consideration of a record of the case and documents after hearing the submissions under Section 227 of the Indian Penal Code.

The standard given for the judgment and test was to finally be applied prior to recording a finding which was regarding the guilt or of the accused which is not exactly to be applied at the point of making a decision over the matter under Section 227 or Section 228 of the Code. At that particular point, the court is unable to not see whether there is sufficient ground for the conviction of the accused or if the trial is sure to end in his conviction. If there is strong reason to doubt against the accused or if the matter remains in the region of suspicion and cannot take the proof of his guilt at the very end of the trial and if it is so at the initial stage of the order being made which is made under Section 227 or Section 228, then in certain situation like that, generally the order which will have to be made is one under Section 228 and not to be read under Section 227.

Dev Nath Verma v. State: This case represents a petition under Section 482 Cr.P.C. and has been filmed especially for not following the proceedings in Criminal Case of 2002 which is pending in the court of Special Judicial Magistrate, Pollution and CBI, Lucknow. Before coming to the very merit of the case, the facts state that ones that are borne out from the record are required to be mentioned in the present case. To Frame, a charge is primarily to exercise the jurisdiction by the trial court in terms of Section 228 of the Code, until and unless the accused is discharged under Section 227 of the Code. Under both of these provisions, the court considered the record of the case and the documents which were submitted and after hearing to the parties and the court may either discharge the accused or if it appears to the court that there is ground for creating a presumption that the accused has committed an offence, it shall clearly frame the charge and once the facts and ingredients of the section are validated to exist, then the court would be right in creating a presumption that there are grounds to proceed against the accused and frame the charge to the same.

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There is a fine differentiation between the description of both Section 227and 228 of the Code. Section 227 is one that expresses a definite opinion and a judgment of the Court, while Section 228 is tentative. Thus, at the stage of framing of charge, the Court should form the opinion that the accused is certainly guilty of committing an offence. It is an approach that is considered impermissible in terms of Section 228 of the Code.

If the susceptibility inclined to the guilt or innocence of the accused are something like even at the conclusion of the trial, then, on the theory of benefit of the doubt the case is to end in his acquittal. But if it is at the primary stage of making an order under Section 227 or 228 of the Code, then in such a situation generally the order will have to be made under Section 228 and not under Section 227.