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Supreme Court of India· 22 September 2026

Is grave suspicion against the accused, at the stage of framing charge under section 227 of the Code of Criminal Procedure, 1973, sufficient to sustain a trial?

ANTONETTO J D’SOUZA v. ALDILA BRAGANZA AND OTHERS
2026 INSC 1032 · CRIMINAL APPEAL NO.4092 OF 2026
Coram: Justice Ujjal Bhuyan · Justice Atul S. Chandurkar
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Answer

At the stage of framing charge under section 227 of the Code, grave suspicion against the accused is sufficient to sustain a trial.

Yes. At the stage of framing charge under section 227 of the Code of Criminal Procedure, 1973, the court does not sift through the entire evidence to assess whether it would result in conviction; grave suspicion against the accused is sufficient to sustain a trial. (¶20)

Headnote

Code of Criminal Procedure, 1973 — s.227 — Discharge — Framing of charge — Forgery — Issue estoppel — Issue estoppel — Same proceedings — Ground already decided — Held: The principle of issue estoppel bars an accused from re-agitating a ground of challenge considered and rejected in an earlier round of the same proceedings. The accused's fresh writ petition raising the same ground was not maintainable. (¶15) Forgery — Absence of original document — Not a ground for discharge — Held further: Absence of the original document alleged to be forged is not by itself a ground to quash a forgery prosecution; it is a matter to be considered at trial, and the prosecution may rely on circumstantial evidence. (¶16, 17, 19) Code of Criminal Procedure, 1973 — s.227 — Framing of charge — Grave suspicion sufficient — Held further: At the stage of framing charge under section 227 of the Code, grave suspicion against the accused is sufficient to sustain a trial. The High Court's order discharging the accused was set aside and the Criminal Appeal was allowed. (¶20, 21)

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In the Court's own words
Paragraph 20Yet another reason that is apparent from the record is the detailed analysis undertaken by the learned Single Judge while exercising jurisdiction in a challenge to an order passed under Section 227 of the Code. At that stage, it would not be permissible to sift through the entire evidence forming part of the chargesheet with a view to find whether such evidence could result in conviction of the accused. It would be sufficient if a grave suspicion is raised against the accused on the basis of such material so as to sustain a trial. In this regard, we may refer to the broad parameters to be borne in mind while exercising such jurisdiction. In K.H. Kamaladini Vs. State[^12], this Court observed as under:
Acts & Sections
s.227 Code of Criminal Procedure, 1973s.468 Indian Penal Codes.471 Indian Penal Codes.420 Indian Penal Code

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Also decided in this judgment
Does the principle of issue estoppel bar an accused from re-agitating a ground of challenge considered and rejected in an earlier round of the same proceedings?Is absence of the original document alleged to be forged by itself a ground to quash a forgery prosecution?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections