Charges framed against Brij Bhushan: what does this mean in legal process?

Subject: Polity

Section: Judiciary

Context:

A trial court judge in Delhi framed charges against BJP MP and former Wrestling Federation of India chief Brij Bhushan Sharan Singh under Sections 354 (assault or criminal force to woman with intent to outrage her modesty) and 354A (sexual harassment) of the Indian Penal Code, 1860.

Framing of charges:

The framing of charges means the trial judge has found a prima facie case against the accused, based on the material in the chargesheet.
This is not a determination of whether the accused has committed the alleged offenses as it is only an acknowledgment that sufficient grounds exist to proceed with the trial.
After the trial judge frames the charges, the accused can plead innocent or guilty. If the accused pleads innocent, the next step is the summoning of witnesses for cross-examination by the defense lawyer(s).

Various sections of IPC in news:

Sections of IPC Sections 354 and 354A, along with Sections 354 B-D are often classified as offenses against women.

Section 354:

Section 354 states that whoever assaults or uses criminal force against a woman intending to outrage or knowing it to be likely that he will thereby outrage her modesty shall be punished with a term of imprisonment between 1 and 5 years and/or a fine.

Phrase “outrage her modesty”:

The phrase “outrage her modesty” is not defined in the IPC.
It is a sense of shame or bashfulness that a woman feels when faced with any act that is intended to outrage her modesty.

Section 354A:

Section 354A deals with sexual harassment, which is defined by any of four acts as follows:
- physical contact and advances involving unwelcome and explicit sexual overtures;
- a demand or request for sexual favors;
- showing pornography against the will of a woman
- making sexually coloured remarks.
The first, second, and third acts are treated more severely, and carry a punishment of up to 3 years in prison and a fine.
The fourth act can be punished with a term of up to 1 year and a fine.

Section 506. Punishment for criminal intimidation:

Whoever commits, the offense of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.

About Indian Penal Code (IPC):

The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Lord Thomas Babington Macaulay in 1834 and was submitted to the Governor-General of India Council in 1835.
It came into force on the subcontinent during British rule in 1862.
On 11 August 2023, the Government introduced a Bill in the Lok Sabha to replace the Indian Penal Code with a draft Code called the Bharatiya Nyay Sanhita (BNS).