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, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such 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.

STATE AMENDMENTS
Karnataka:
In clause (a), of sub-section (1), for the words “to the Chief Judicial Magistrate and hereupon the Chief Judicial Magistrate” the words ” to the Chief Judicial Magistrate or to any Judicial Magistrate competent to try the case and thereupon the Chief Judicial Magistrate or such other Judicial Magistrate to whom the case may have been transferred” shall be substituted.

West Bengal:
In clause (a) of sub-section (1) of section 228, for the words “to the Chief Judicial Magistrate” and thereupon the Chief Judicial Magistrate” the words “to the Chief Judicial Magistrate or to any Judicial Magistrate competent to try the case, and thereupon the Chief Judicial Magistrate or such other Judicial Magistrate to whom the case may have been transferred” shall be substituted.
[Vide WB Act 63 of 1978 (wef 1-6-1979)]

Comments:
(i) The responsibility of framing the charge is that of the Court and it has to judicially consider the question of doing so Without full adverting to the material on the record it must not blindly adopt the decision of the prosecution;
Sunil Kumar Jha alias Bittu Jha v State of Bihar, (1997)

(ii) The materials, other than those produced by the prosecution, can also be looked into and should be considered at the time of framing of charge, to find out whether a prima facie case against the accused is made out or not;
Madho Singh v State of Rajasthan, (1997)

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