Topic

Section 222 CrPC

2 articlesLatest March 2026
Section 364 IPC Conviction Invalid Without Specific Charge & Section 313 CrPC Compliance : Allahabad HC Acquits Due to Non-Cognate Offence with Section 302 IPC
Case Law Analysis
|Allahabad High Court

Section 364 IPC Conviction Invalid Without Specific Charge & Section 313 CrPC Compliance : Allahabad HC Acquits Due to Non-Cognate Offence with Section 302 IPC

Allahabad HC sets aside conviction under Section 364 IPC, ruling that charges must specifically allege abduction or murder intent, and Section 313 CrPC questioning is mandatory. The court held that Section 302 and 364 IPC are not cognate offences, invalidating convictions where the charge was not explicitly framed.

Section 364 IPC | Conviction Without Framed Charge Violates Fair Trial Under Section 222 CrPC: SC
Case Law Analysis
|Supreme Court of India

Section 364 IPC | Conviction Without Framed Charge Violates Fair Trial Under Section 222 CrPC: SC

The Supreme Court has ruled that convicting an accused under Section 364 IPC without a formal charge, even when evidence supports abduction, breaches fair trial guarantees because the offence is not cognate to Section 302 IPC and cannot be subsumed under Section 222 CrPC. This sets a critical precedent for charge framing precision in criminal trials, protecting accused persons from prejudicial surprise convictions.

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