Madhya Pradesh High Court Upholds Framing of Charges in Attempted Murder Case

Injuries Not Decisive; Court Applies Grave Suspicion Standard for Framing Charges Under BNSS, 2023

In a significant legal ruling, the Madhya Pradesh High Court has dismissed a criminal revision petition challenging the framing of charges against Vivek @ Vicky under the Bharatiya Nagarik Suraksha Sanhita, 2023, for an attempted murder case. The judgment, delivered by Justice Shri. Gajendra Singh, upheld the trial court's decision to frame charges based on the evidence presented, emphasizing that the nature of injuries sustained is not the sole determinant for charges under Section 307 of the Indian Penal Code (IPC) or corresponding provisions under BNSS, 2023.

The case arose from an incident on May 22, 2025, near Shiv Mandir, Nagda, Ujjain, where the victim, Rahul, sustained knife injuries. Despite medical reports indicating the injuries were not life-threatening, the court focused on the intent and knowledge of the accused to commit murder, applying the "grave suspicion" standard for framing charges.

The judgment elucidates the legal principles governing the framing of charges under Section 227 of the Criminal Procedure Code, 1973, and its counterpart in BNSS, 2023. Justice Singh emphasized that the court's role is not merely procedural but involves judicial evaluation of evidence to establish a prima facie case. The court reiterated that the presence of injury is not a sine qua non for charges under Section 307 IPC, highlighting that the intent or knowledge of the accused plays a crucial role.

The court referred to precedents including P. Vijayan v. State of Kerala and Sajjan Kumar v. Central Bureau of Investigation, which underscore the limited scope of judicial review at the stage of framing charges. The ruling affirms that if materials disclose grave suspicion, charges can be framed, and a mini-trial is impermissible at this stage.

Vivek @ Vicky's defense argued that the trial court erred in framing charges under Sections 109(1) and 351(3) of BNSS, 2023, due to the non-dangerous nature of the injuries, citing medical opinions. However, the High Court maintained that the charges were justified based on evidence indicating the accused's intent to commit murder, as demonstrated by the attack targeting the victim's neck.

The judgment reinforces the principle that framing of charges is contingent on the broader context of evidence rather than solely on the physical impact of the act. It underscores the judiciary's proactive role in safeguarding legal processes against misuse while ensuring justice for the victims.

Bottom Line:

Framing of charges under Sections 109(1) and 351(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) upheld - Injuries sustained by victim not decisive factor for determining act punishable under Section 307 IPC or corresponding provisions under BNSS, 2023 - Grave suspicion standard applied for framing charges.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 109(1), 351(3); Criminal Procedure Code, 1973 Section 227; Indian Penal Code, 1860 Section 307

Vivek @ Vicky v. State of Madhya Pradesh, (Madhya Pradesh)(Indore) : Law Finder Doc Id # 2807215