State of Bihar v. Ramesh Singh (1977) 4 SCC 39

Issues

• What is the correct test for discharging an accused at the pre-trial stage?
• How to distinguish a case for conviction from a case for proceeding further to trial?

Rules

• Section 226 CrPC: Prosecutor opens the case, describes charges and proposed evidence.
• Section 227 CrPC: If there is no sufficient ground to proceed, the Judge must discharge with reasons.
• Section 228 CrPC: If there is ground for presuming the accused committed an offence, the Judge frames charge.
• At this stage, the court does not meticulously judge truth, weigh defence, or apply the final-trial standard.

Arguments

Judgment (Supreme Court)

• At the initial stage, the court does not test credibility or weigh defence. It asks: is there a ground for presuming the offence?
• If materials raise a strong suspicion, frame charge (s. 228). If even accepted-as-is prosecution case cannot show the offence, discharge (s. 227).
• Where the pans are “even” at the charge stage, the ordinary course is to proceed under s. 228, not to discharge.

Ratio Decidendi

Strong suspicion test: The threshold at s. 227–228 is low. If the case materials create a strong presumption to proceed, charges should be framed; meticulous proof is a trial question.

Why It Matters

• Prevents premature mini-trials at the charge stage.
• Clarifies how presumption to proceed differs from proof beyond doubt.
• Guides trial courts to apply the correct threshold under CrPC.

Key Takeaways

1. Low bar to proceed: strong suspicion → frame charge.
2. High bar to discharge: even if accepted, prosecution case can’t show offence.
3. No meticulous weighing of evidence or defence at this stage.

Mnemonic + 3-Step Hook

Mnemonic: “See Strong Signs → Start” — 4S.

1. Scan the record (s. 226 brief + papers).
2. Spot strong suspicion.
3. Start the trial (frame charge, s. 228) unless prosecution case fails even on face value.

IRAC Outline

Issue: Whether the accused should be discharged or tried at the s. 227–228 stage.

Rule: Ground for presuming offence → frame charge (s. 228). No sufficient ground → discharge (s. 227). Do not meticulously weigh evidence.

Application: Materials raised strong suspicion against the accused; premature discharge was wrong.

Conclusion: Proceed to trial; apply the strong suspicion standard.

Glossary

Discharge (s. 227)

Dropping the case before trial when materials don’t show sufficient ground to proceed.

Framing Charge (s. 228)

Formal accusation when there’s ground for presuming commission of an offence.

Strong Suspicion

Prima facie threshold that justifies moving to a full trial; not proof of guilt.

FAQs

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