assignment on charge under crpc

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All about charge and omission under CrPC

This article has been written by Antony Francis pursuing Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution and edited by Shashwat Kaushik .

This article has been published by Sneha Mahawar .

Table of Contents

Introduction

What if you get arrested and don’t know the grounds under which you have been arrested? Definitely, it would hinder you from getting justice, which is a gross violation of the law. To prevent such a circumstance, Sections 211 to 215 of the Code of Criminal Procedure, 1973 ensure that the accused person is informed of the offences or matters for which he or she is arrested so that the person can prepare their side of defence for the trial. Sections 215 and 464 deal with the effect of errors in the charge form.

What is a charge

Section 2(b) of the Code of Criminal Procedure, 1973 states that “charge includes any head of the charge when the charge contains more than one head” . However, this definition is an inclusive definition, i.e., it tells what all can be brought under the purview of the term charge and doesn’t explain the meaning of the same. The term charge, in simple terms, is informing the accused person of the offences/grounds under which he/she has been charged, so that the accused can get knowledge of the matter for which he/she has been arrested and can prepare the defences for the same. The framing of charges is a crucial step as it determines the course of the case further. Section 211-214 gives explicit directions as to how a charge form needs to be drawn. For instance, the Himachal Pradesh High Court held in the Court On Its Own Motion vs. Sh Shankroo (1982) , that mere mentioning of sections without stating the substance in the charge form is a serious breach of procedure. However, if the offence charged in the charge form is clearly described in any of the existing laws, then that description alone is sufficient to give sufficient information regarding the offence framed in the charge form and doesn’t require any additional description, as decided by the Allahabad High Court in the case of Bashir vs. State (1953) .

Contents of charge

The section deals with the contents/ essential components required to constitute a charge form under CRPC. The essential components includes the name of the offence charged against the person, in case the name of the offence is clearly mentioned in any laws the same shall be used, however if no such offence is mentioned in any law the offence should be clearly described in the charge form, it is also mandatory to mention the exact law and section under which the offence is charged, it is also pertinent to note that the charge made is equivalent to a statement fulfilling every legal condition required by law to constitute the offence charged in a particular case, the charge form should be written in the language of the court, if the the accused had been convicted previously for any offence then the accused would be liable for enhanced punishment for the subsequent offence . In the case of Ajit Kumar Saha vs. State of West Bengal and Ors. (2011) , the Calcutta High Court set aside the case on grounds that the charges framed by the magistrate in the material on record did not show a prima facie case, to which the court held that no mind was applied by the magistrate in the case.

An overview of Section 212 CrPC

This section deals with particulars of the date and time of commission of the alleged offence, the person against whom the alleged offence was committed, the reason/motive behind the commission and other such things (if any) that are required for the purpose of giving the accused a better understanding and clarity of the offence/matter charged against him.

If the accused has been charged under criminal breach of trust or dishonest misappropriation of money or other movable property, in that case the accused would be given a notice of the gross sum of money or describe the movable property. However, the exact date for the commission of the offence and particulars of the items need not be given and only a rough time period for the commission of the alleged offence needs to be mentioned. The charge so framed will be deemed to be a charge of one offence applicable under Section 219 of the CrPC. In the case of Banamali Tripathy vs. King Emperor (1942) , the Patna High Court held that in cases where the exact date of commission of an offence is impossible to state, a period between two particular dates can be mentioned in the charge.

Provided that the time included between the first and last of such dates shall not exceed one year.

An overview of Section 213 CrPC

The section asserts that in cases where the particulars mentioned in Sections 211 and 212 do not provide the required clarity/ on the matter charged against the person, then particulars related to the manner of commission of the offence need to be given to the accused for that purpose. For example, in cases related to giving false evidence or obstructions caused to the public/public servants, the manner of commission of the offence is mentioned along with Sections 211 and 212 for the accused to have sufficient notice about the offence charged against him, whereas in cases related to theft or murder, the same is not required.

An overview of Section 214 CrPC

This section emphasises the importance of selecting an appropriate word while framing a charge form, i.e., words used for describing the offence in the charge form should have the same meaning attached to them by the respective law under which such an offence is punishable. The same has been stated by the Kerala High Court in the case of Radha Sasidharan vs. State of Kerala (2006) , where the Court held that in every charge, words used in describing an offence shall be deemed to have been used in the sense attached to them by the law under which such a submission is punishable.

Effect of error or omission under CrPc

Section 215- effects of errors.

The section states that even if there are errors or omissions in stating either the offence or the particulars in the charge form of the alleged offence, they won’t be considered material/relevant at any stage of the case until it is proved that such an error or omission has completely misled the accused and has reached such an extent of failure of justice. The idea behind this section is to prevent the failure of justice on account of a mere technical breach of rules. In the famous case of Eshwaraiah vs. State of Karnataka (1994 ) , two accused were charged separately for the offence of murder in furtherance of common intention by the Supreme Court of India. However, in the charge form of one accused, the name of the other accused was not mentioned, but the charges were read over to each of the accused in the presence of each of the accused and their advocates. The Court held that the irregularity made in the case is only a mere one and doesn’t provide any ground for misunderstanding or failure of justice.

Section 464- Effect of omission to frame, absence of, or error in charge

The section states that no order or decision given by the competent jurisdiction shall be held invalid merely on grounds that no charge was framed or that the charge frame was based on errors, omission,irregularity or other sorts, unless the competent jurisdiction is of the opinion that such a mistake would lead to a failure of justice. However, if the court is of the opinion that any such mistakes were made, then the court would order the framing of a new charge and would order the trial to be recommenced from that point immediately after the framing of charges or direct for a new trial based on the new charge framed. Provided that if the court is of the opinion that the facts of the case are such that no valid charge could be preferred against the accused, the conviction shall be quashed. In the case of Bharwad Mepa Dena and Anr. vs. The State of Bombay (1959) , the Supreme Court held that any mere error, omission or irregularity in the charge will not invalidate the finding as a matter of law in the absence of prejudice to the convicted person. In the case of Tulsi Ram vs. State of UP (1962) , the Supreme Court held that the charges framed against the accused will be considered proper if the accused fails to bring to the notice of the court that they were misled regarding the materials of the charge at the appropriate stage.

Through this article, we were able to understand the concept of charge under the Code of Criminal Procedure Code, 1973, and the contents/essential requirements of charge, such as the requirement to state the name of the offence with which the accused is charged the exact name of the offence if mentioned in any of the existing laws the related law and section under which the offence comes under and other criteria related to the contents of the charge in such a way that the person against whom the charges have been registered gets a clear notice about the offence under which the offence comes under and other such criterias related to the contents of the charge in such a way that the person against whom the charges have been registered gets a clear notice about the offence under which he/she have been arrested and so that they can prepare their defences. The effect of errors related to charges and the various case laws related to the sections were also discussed.

https://www.studocu.com/in/document/tamil-nadu-dr-ambedkar-law-university/civil-procedure-code-and-limitation-act/manjula-addljcj-sircilla/25195070
https://www.indiacode.nic.in/bitstream/123456789/15272/1/the_code_of_criminal_procedure%2C_1973.pdf
https://blog.ipleaders.in/need-know-charge-criminal-procedure-code-1973/
Ratanlal and Dhirajlal, The Code Of Criminal Procedure, Twenty Third Edition
S.N. Mishra, The Code Of Criminal Procedure, 1973, Twentieth Edition

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Overview of Charge (ALLEGATIONS) under CRPC

Written by admin

Updated on: April 19, 2024

Table of Contents

Overview of CHARGE (ALLEGATIONS) under CRPC

Introduction, charge – definition and meaning, the legal provisions.

Offence to be stated – In a charge sheet, the offense must be expressed, so that the accused may shield him.
Description of Offence by Name – The Charge ought to depict offense by name which is given by that the creates an offense.
Definition of offense – Where the criminal law does not give any specific name to the offense than a definition/ meaning of the offense must be expressed.
Law or Section of Law – A charge must contain the law or the section of the law against which the offense is asserted to have been committed.
Compliance with substantive Requirements of offense – The charge must fulfill the requirements of offense, i.e., which it must not come within the exceptions, or if it comes, then it must be mention in it.
The language of the Charge – The charge shall be framed in English or the Court’s language or the language understandable by an accused.
Previous conviction of the accused – Where the accused is liable to enhanced punishment by virtue of his previous conviction and such previous conviction has to be proved; such charge might state the fact, date, and place of the previous conviction.
Particulars as to time Place and Person – It is necessary that charge ought to contain Time of offense, Place of offense, Person against whom the offense was committed and Thing against whom the offense was committed.
Particulars of the Manner of the alleged offense – Where the particulars above are not sufficient to give notice of the offense with which the accused is charged, the charge shall likewise contain the particulars of the way in which the alleged offense was committed.
Thing is Respect of which offense was committed – A charge should express the property in respect of which not is said to have been taken place, for example where an offense is committed under Arms Ordinance, details of the arms recovered from the house of the accused must be stated in the charge.

Change and Altered / Amendment

Whenever before pronouncement of judgment, the charge can be altered or added. However, it is essential that charge can only be altered on justification by material on record, and that every such alteration or addition ought to be pursued and explained to accused.

Role of Accused

Interlocutory order.

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CrPC Chapter 17

Code of criminal procedure 1973, chapter 17 – the charge, section 211 – contents of charge.

Every charge under this Code shall state the offence with which the accused is charged.
If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.
If the law which creates the offence does not give it any specific name so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.
The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.
The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.
The charge shall be written in the language of the Court.
If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact date and place of the previous, conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.

Illustrations

A is charged with the murder of B. This is equivalent to a statement that A’s act fell within the definition of murder given in sections 299 and 300 of the Indian Penal Code (45 of 1860); that it did not fall within any of the general exceptions of the said Code; and that it did not fall within any of the five exceptions to section 300, or that, if it did fall within Exception 1, one or other of the three provisos to that exception applied to it.
A is charged under section 326 of the Indian Penal Code (45 of 1860) with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by section 335 of the said Code, and that the general exceptions did not apply to it.
A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property-mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false property-mark, without reference to the definition, of those crimes contained in the Indian Penal Code (45 of 1860); but the sections under which the offence is punishable must, in each instance, be referred to in the charge.
A is charged under section 184 of the Indian Penal Code (45 of 1860) with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.

Section 212 – Particulars as to time, place and person

The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.
When the accused is charged with criminal breach of trust or dishonest misappropriation of money or other moveable property, it shall be sufficient to specify the gross sum or, as the case may be, described the movable property in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 219: Provided that the time included between the first and last of such dates shall not exceed one year.

Section 213 – When manner of committing offence must be stated

When the nature of the case is such that the particulars mentioned in sections 211 and 212 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner is which the alleged offence was committed as will be sufficient for that purpose.

A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected.
A is accused of cheating B at a given time and place. The charge must be set out the manner in which A cheated B.
A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false.
A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions.
A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B.
A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the disobedience charge and the law infringed.

Section 214 – Words in charge taken in sense of law under which offence is punishable

In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.

Section 215 – Effect of errors

No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.

A is charged under section 242 of the Indian Penal Code (45 of 1860), with “having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit,” the word “ fraudulently” being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material.
A is charged with cheating B, and the manner in which he cheated B is not set out in the charge, or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material.
A is charged with cheating B, and the manner in which he cheated B is not set out in the-charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error.
A is charged with the murder of Khoda Baksh on the 21st January, 1882. In fact, the murdered person’s name was Haidar Baksh, and the dale of the murder was the 20th January, 1882. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial.
A was charged with murdering Haidar Baksh on the 20th January, 1882, and Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 1882. When charged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from this that A was misled, and that the error was material.

Section 216 – Court may alter charge

Any Court may alter or add to any charge at any time before judgment is pronounced.
Every such alteration or addition shall be read and explained to the accused.
If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court to prejudice the accused in his defence or the prosecutor in the conduct of the case the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.
If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.
If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction had been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.

Section 217 – Recall of witnesses when charge altered

to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice;
also to call any further witness whom the Court may think to be material.

Section 218 – Separate charges for distinct offences

For every distinct offence of which any person is accused there shall be a separate charge and every such charge shall be tried separately: Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby the Magistrate may try together all or any number of the charges framed against such person.
Nothing in Sub-Section (1) shall affect the operation of the provisions of sections 219, 220, 221 and 223.

Illustration

A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.

Section 219 – Three offences of same kind within year may be charged together

When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.
Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860) or of any special or local laws: Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.

Section 220 – Trial for more than one offence

If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence.
When a person charged with one or more offences of criminal breach of trust or dishonest misappropriation of properly as provided in Sub-Section (2) of section 212 or in Sub-Section (1) of section 219, is accused of committing, for the purpose of facilitating or concealing the commission of that offence or those offences, one or more offences of falsification of accounts, he may be charged with, and tried at one trial for, every such offence.
If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for, each of such offences.
If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, or such acts.
Nothing contained in this section shall affect section 71 of the Indian Penal Code (45 of 1860).

Illustrations to Sub-Section (1)

A rescues B a person in lawful custody, and in so doing causes grievous hurt to C, a constable, in whose custody B was, A may be charged with, and convicted of, offences under sections 225 and 333 of the Indian Penal Code (45 of 1860).
A commits house-breaking by day with intent to commit adultery, and commits in the house so entered, adultery with B’s wife. A may be separately charged with, and convicted of, offences under sections 454 and 497 of the Indian Penal Code (45 of 1860).
A entices B, the wife of C, away form C, with intent to commit adultery with B, and then commits adultery with her. A may be separately charged with, and convicted of, offences under sections 498 and 497 of the Indian Penal Code (45 of 1860).
A has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of committing several forgeries punishable under section 466 of the Indian Penal Code (45 of 1860). A may be separately charged with, and convicted of, the possession of each seal under section 473 of the Indian Penal Code (45 of 1860).
With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such proceeding, and also falsely accuses B of having committed an offence, knowing that there is no just or lawful ground for such charge. A may be separately charged with, and convicted of, two offences under section 211 of the Indian Penal Code (45 of 1860).
A with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. On the trial, A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. A may be separately charged with and convicted of, offences under sections 211 and 194 of the Indian Penal Code (45 of 1860).
A with six others, commits the offences, of rioting, grievous hurt and assaulting a public servant endeavouring in the discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences under sections 147, 325 and 152 of the Indian Penal Code (45 of 1860).
A threatens B, C and D at the same time with injury to their persons with intent to cause alarm to them. A may be separately charged with, and convicted of, each of the three offences under section 506 of the Indian Penal Code (45 of 1860). The separate charges referred to in illustrations (a) to (h) respectively, may be tried at the same time.

Illustrations to Sub-Section (3)

A wrongfully strikes B with a cane. A may be separately charged with and convicted of, offences under sections 352 and 323 of the Indian Penal Code (45 of 1860).
Several stolen sacks of corn are made over to A and B, who knew they arc stolen property, for the purpose of concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain-pit. A and B may be separately charged with and convicted of, offences under sections 411 and 414 of the Indian Penal Code (45 of 1860).
A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of such exposure. A may be separately charged with and convicted of, offences under sections 317 and 304 of the Indian Penal Code (45 of 1860).
A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant of an offence under section 167 of the Indian Penal Code. A may be separately charged with and convicted of, offences under sections 471 (read with section 466) and 196 of that Code (45 of 1860).

Illustrations to Sub-Section (4)

A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged, with and convicted of offences under sections 323, 392 and 394 of the Indian Penal Code (45 of 1860).

Section 221 – Where it is doubtful what offence has been committed

If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences.
If in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of Sub-Section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it.
A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property or criminal breach of trust or cheating.
In the case mentioned, A is only charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be) though he was not charged with such offence.
A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence, although it cannot to be proved which of these contradictory statements was false.

Section 222 – When offence proved included in offence charged

When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it.
When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may he convicted of the minor offence, although he is not charged with it.
When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged.
Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.
A is charged under section 407 of the Indian Penal Code (45 of 1860) with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under section 406 of that Code in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said section 406.
A is charged under section 325 of the Indian Penal Code (45 of 1860), with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 335 of that Code.

Section 223 – What persons may be charged jointly

persons accused of the same offence committed in the course of the same transaction;
persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence;
persons accused of more than one offence of the same kind, within the meaning of section 219 committed by them jointly within the period of twelve months;
persons accused of different offences committed in the course of the same transaction;
persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence;
persons accused of offences under sections 411 and 414 of the Indian Penal Code (45 of 1860) or either of those sections in respect of stolen property the possession of which has been transferred by one offence;
persons accused of any offence under Chapter XII of the Indian Penal Code (45 of 1860) relating to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges: Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the Magistrate or Court of Sessions may, if such persons by an application in writing, so desire, and if he is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together.

Section 224 – Withdrawal of remaining charges on conviction on one of several charges

When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent, of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.

THE CHARGE (SECTION 211-217)

by Archana Singh | Oct 24, 2023

Introduction to ‘Charge’ under CrPC

Section 2 (b) of the Code of Criminal Procedure defines “ Charge ” broadly.Charge under Criminal Procedure Code means allowing multiple offenses committed together to be treated as one charge. It acknowledges that a single criminal act can result in various offenses, and these can be grouped into a single charge for legal proceedings. This simplifies the handling of cases with multiple offenses arising from one incident.

FORM OF CHARGES

SECTION 211 – ESSENTIAL ELEMENTS OF THE CHARGE FORM

Section 211 outlines the critical elements that must be present in a Contents Of Charge under Criminal Procedure Code-

Statement of Offense – The charge form must clearly state the specific offense for which the accused is being charged.
Exact Offense Name – It should specify the precise name of the offense, ensuring no ambiguity.
Defining Offense – If there isn’t a specific name for the offense in question, the charge must provide a clear definition based on the relevant law.
Reference to Law – The charge should include references to the relevant legal provisions.
Language of the Court – Charges should be written in the language of the court to ensure understanding.
Previous Allegations – The accused must be informed of any prior allegations that might lead to enhanced penalties if they are found guilty.

SECTION 212 – PARTICULARS IN THE CHARGE FORM

Section 212 specifies what particulars should be included in the charge form-

Offense Details – The charge form should contain specific details of the offense, including the time, place, and the person against whom the offense is alleged to have been committed.
Time Specification – For certain offenses like criminal breach of trust, specifying the exact time is not necessary; it is sufficient to mention the gross sum and dates of the alleged offenses.

SECTION 213 – ADDITIONAL PARTICULARS WHEN NEEDED

When the details outlined in Sections 211 and 212 do not provide sufficient notice of the matter with which the accused is charged, the charge should include additional particulars describing how the alleged offense was committed.

SECTION 214 – INTERPRETATION OF WORDS IN A CHARGE

This section clarifies that the words used in a criminal charge are to be understood within the context of the legal definition of the offense as per the law under which it is punishable.

SECTION 215 – CONSEQUENCES OF ERRORS IN A CHARGE

Section 215 outlines that errors or omissions in the charge, whether in describing the offense or its particulars, are generally considered insignificant unless they genuinely mislead the accused and result in a miscarriage of justice.

SECTION 216 – ALTERATION OF CHARGE AND PROCEDURES

Section 216 deals with the Alteration Of Charge under Criminal Procedure Code, there are conditions to be met-

court’s power to alter charge – Courts are granted the authority to alter or add to the charge at any point before the judgment is pronounced.
Conditions for Alteration – Alteration or addition to the charge can take place as long as it does not introduce charges for a new offense, and the accused has the opportunity to defend against the new charge.
Explanation of Altered Charge – Following any alteration, the charge must be explained to the accused to enable them to prepare for the new accusations.
Prejudice Consideration – If altering the charge is likely to prejudice either the accused or the prosecutor, the court may decide to proceed with the original trial or adjourn it. In cases where the facts constituting the offense are changed, sanction is necessary.

SECTION 217 – RECALL OF WITNESSES WHEN CHARGE IS ALTERED

Section 217 deals with recalling witnesses when charges are altered during the trial –

Recalling Witnesses – If a charge is altered during the trial, both the prosecutor and the accused are allowed to recall or re-summon witnesses for examination concerning the modified charge.
Conditions for Recall – The court may permit the recalling of witnesses, unless it believes that it is being done for vexation, delay, or to undermine the ends of justice.
Calling Additional Witnesses – Additionally, the court may grant permission for calling further witnesses deemed material to the case.

In summary, Sections 211-217 of the Criminal Procedure Code establish a comprehensive framework for the formulation, alteration, and understanding of charges in criminal cases. These provisions ensure that the accused is properly informed, can adequately prepare their defense, and have the opportunity to recall witnesses when charges are altered. This process is essential for maintaining fairness and justice in criminal trials.

Reference :-

1- https://timesofindia.indiatimes.com/blogs/lawtics/know-your-rights-criminal-trials-in-india-part-3/ – TIMES OF INDIA

2- https://www.hindustantimes.com/india-news/new-charge-under-pocso-act-can-be-added-during-trial-karnataka-high-court-101655147106278-amp.html -THE HINDUSTAN TIMES

Written By Archana Singh

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Charge under CrPC

Every charge under the code of criminal procedure, 1973 shall state the offence with which the accused is charged. The motive behind a charge is precisely and succinctly to let know the accused individual, the issue for which he is being charged. It is necessary to pass on to the accused absolutely clearly and with certainty what the prosecution has accused him of or what the prosecution has against him. The underlying principle of criminal law is based on the fact that it is the right of the accused to be informed about the exact nature of the charge levelled against him.

Hence we see that knowing the charge which is levied against the accused is important for him to be known so that he can prepare his defence and so that justice is done by him. It is in the very beginning only that the accused is informed of his accusation in the beginning itself. It is to be kept in mind that in case of serious offences the statute requires the accusations to be formulated and reduced to writing with great precision & clarity. It is also necessary that the charge be then read and explained to the accused person.

Under section 2(b) CrPc, 1973, ‘charge’ includes any head of charge when the charge contains more heads than one. Hence it can be interpreted that when a charge contains more than one heads, the head of charges is likewise a charge.

Nature and Purpose of charge

It is a necessary characteristic of charge to be precise in its scope and particular in its details.

In V.C. Shukla vs. State , Justice Desai opined that, ‘the purpose of framing a charge is to give intimation to the accused of clear, unambiguous and precise notice of the nature of the accusation that the accused is called upon to meet in the course of a trial’.

Essentials of Charge

The following are the contents that are a must for a charge:

Stating the Offence

The offense must be expressed, in a charge sheet so that the accused may shield himself.

Describing the offence by the name

Along with the charge the name of the offence, related to such charge must be clearly defined and explained.

Defining and understanding the offense

In places where the criminal law has not named the offence then a definition/ meaning of the offense must be expressed.

Mentioning the law and section of law

The charge must contain the law or the section of the law against which the offense has been said to be committed.

Substantive requirements of offense to be complied with

The charge must fulfil the requirements of the offense, whether there are any exceptions are there or not and if there are then the charge should adhere to them.

Charge’s language

It is to be noted that one of the basic essentials of charge is that the charge should be framed in English or the Court’s language or the language which is understandable by an accused.

Accused person’s previous convictions

Charge might state the fact, date, and place of the previous conviction in places where the accused is liable to enhanced punishment by virtue of his previous conviction and where such previous conviction has to be proved.

Details of Time, Place and Person

It is crucial for a charge to contain the time when offense happened, place where offense was committed, person against whom the offense was committed and any other object or thing against whom the offense was committed.

Particulars of the way in which the offence was committed

In cases where the information above is not sufficient to give notice of the offense with which the alleged accused has been charged, then it is expected that the charge shall include the particulars of the manner in which the alleged offense was committed.

Thing in respect of which offense is committed

It is important for a charge to express the property in respect of which the offence is said to have taken place.

Illustrations:

1) ‘B’ is charged under section 184 of the Indian Penal Code (45 of 1860) with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words only to be constituted as one.

2) ‘O’ is accused of the murder of ‘A’ at a given time and place. The charge need not necessarily state the manner in which ‘O’ murdered ‘A’.

3) Omission of framing charges under section 306, of the Indian Penal Code with regard to section 215 of the Cr.P.C. may or may not lead to failure in justice. Generally such plea should not be allowed to be raised for the first time before the court until unless there are such materials on record which would establish against the accused the said charge. This has been observed in Harjit Singh vs. State of Punjab.

4) ‘A’ is accused of cheating ‘B’ at a given time and place. The charge must be set out in the manner in which ‘A’ cheated ‘B’.

5) ‘A’ has been accused of obstructing a person, ‘B’, who is a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which B has been obstructed by A in the discharge of his functions.

6) ‘H’ is charged under section 326 of the Indian Penal Code (45 of 1860) with voluntarily causing grevious hurt to ‘M’ by means of an instrument for shooting. It is to be observed here that this is equivalent to a statement that the case was not provided for by section 335 of the said code and that the general exceptions did not apply to it.

Type of cases where charges are framed:

A charge is generally required to be framed in three types of cases:

1) SESSIONS CASES under section 228 of Cr.P.C.

2) WARRANT CASES triable by magistrate instituted on police reports under section 240 of Cr.P.C.

3) WARRANT CASES triable by magistrate instituted otherwise than on police report or instituted on the basis of private complaint under section 246(1) of Cr.P.C.

In trials of summons cases and in summary trials, charge is not framed, instead of charge plea is held.

Form under Second Schedule where charge falls:

The form under which charges are to be framed are set out in FORM NO. 32 of the Second Schedule.

Charges with One Head

The format goes like this:

(a) I ________ (name) ______ (office of Magistrate, etc.), hereby charge you_______ (name of accused person) as follows —

(b) On section 30- That you, on or about the _____ day of_____, at _____ , describing the crime under section 30 of Indian Penal Code, and within the cognizance of this Court.

(c ) And I hereby direct that you be tried by this Court on the said charge.

(Signature and Seal of the Magistrate)

Charges with Two or More Heads

(b) On section 30 -That you, on or about the ……… day of ………, at ………, and thereby committed an offence punishable under section 30 of the Indian Penal Code, and within the cognizance of the Court of Session. Secondly — That you, on or about the ……… day of ………, at ………, ……………..(Description of the offence )thereby committed an offence punishable under section 30 of the Indian Penal Code, and within the cognizance of the Court of Session.

Legal Provision of Charge:

It is under Chapter XVII of the criminal procedure codes, 1973 that charge has been mentioned.

Sections 211 to 217 iterate the form of charges and Sections 218 to 224 explains the joinder of charges.

Furthermore, sections 227, 228, 239, 240 and 464 of the code also talks about the various provisions related to charge which will be explained ahead.

Section 211 and 212:

Under Section 211 & Section 212, the content of charge and the particulars as to time and place of the alleged offence is stated, the person against whom the crime was committed or the thing in respect of which it happened and other information which is sufficient to charge the accused.

However what needs to be kept in mind is that in cases where charges are of criminal breach of trust or dishonest misappropriation of money or any other moveable property, specifying the gross sum or the dates between which the crime was committed or the movaple property in regard of which the offence was conducted, without specifying the particular items or the exact dates and hence it will be known as a charge in meaning of section 219. There is a condition that the time included between the first and last of such dates shall not exceed 1year.

Section 213

It shall be notes that the charge shall contain the particulars of manner in which the said offence has been committed in places where section 211 and 212 are not able to describe well the charge with which the accused is charged.

Section 214

Section 214 gives a standard for translating the words utilized in the charge: It gives that in each charge words utilized in portraying an offense will be regarded to have been utilized in the sense attached to them separately by the law under which such offense is culpable.

Section 215

Section 215,464 and 465 of the Code needs to be read together as all these deal with the same question. Section 215 enacts that no error or omission in the charge will be regarded as material unless it has occasioned a failure of justice.

In Tulsi Ram & ors. vs. State of Uttar Pradesh , under para 12, the court was considering these aspects of the matter and made it clear that a complaint about the charge was never raised at any earlier stage and the learned Judges came to the conclusion that the charge was fully understood by the appellants in that case and they never complained at the appropriate stage that they were confused or bewildered by the charge. The sad thing is true here. Therefore, the Court refused to accept any grievance relating to error in the framing of the charge.

Section 216

This section deals with alteration in charge. The object is to secure fair trial to the accused and it is the duty of the court to ensure that alteration or addition of charge has not caused prejudice to him. It must be exercised judiciously though the power is wide and extensive,. However, the court cannot alter the charge to the prejudice of the accused. Similarly, such power cannot be exercised after the accused is discharged of all the charges in as much as no charge exists against him and the provisions of Section 216 do not apply.

Section 217

This section deals with the recalling or re-summoning and examining the accused in regard with such alteration or addition been made to the charge. Also in case any further witness needs to be called then that is also permitted.

Joinder of Charges (Section 218-222)

Under the criminal procedure, sections 218 to 222 speak about the provisions related to joinder of charges in one trial against the same accused. The only exceptions recognized are contained in Sections 219,220,221 & 223 of CrPC .Hence separate trial is the rule and the joint trial is an exception. The sections with state the exceptions are only enabling provisions. A court can order a separate trial even though the case is covered by one of the exceptions enabling a joint trial in its discretion.

In Chunnoo vs. State , same was held.

In section 223 joint trial against two or more accused persons are dealt with.

Section 218 deals with the basic rule which says that for every distinct offence there must be a separate charge and a separate trial for each such charge.

The exceptions are elaborated as under and when any case falls under any one the following exceptions then in that case joinder of charges is permitted.

Desire of accused

In cases where the accused himself wants a joint trial and the magistrate is satisfied that such joint trial will not prejudice the accused, joint trial is allowed to be carried.

Three offences of same kind within one year:

In cases where the person is accused of more offences than one of the same kind committed within one year, then regardless of the fact that the crime has been committed with respect to the same person or not, he may be charged with and tried at one trial for any number of them not exceeding three.

In the case of Manoharan v. Director General of Police , 2002, the same has been stated.

Offences in course of same transaction:

In situations where one series of acts so connected together form the same transaction, and more offences than one are committed by the same person, then in such cases he may be charged with and tried at one trial for every such offence.

Offences of criminal breach of trust or misappropriation of property connected with falsification of accounts:

A person may be charged with and tried at one trial for every such offence, in cases where he has committed one or more offences of criminal breach of trust or dishonest misappropriation of property and is accused of committing falsification of accounts or the purpose of facilitating or concealing the commission of such offence.

Same act constituting different offences:

A person may be charged with and tried at one trial only for every such offence where the alleged acts constitute an offence within two or more separate definitions under the law.

Same acts constituting one and also different offences:

In cases where an act constitutes of one or more than one offences, and also constitutes a different offence when combined, there may be joinder that is the person accused of them may be charged with and tried at one trial for individual offences as well as the combined offence.

Where it is doubtful what offence in the alternatives:

If it is doubtful on facts proved which of several offences has been committed; then in that case, the accused may be charged with one of such offences or with several offences in the alternatives. If in such a case, the accused is charged with one offence however if it appears on evidence that he has committed a different offence for which he might have been charged, he can be convicted of that offence.

Conviction for minor offence when major offence is charged:

In cases where an accused is charged for a case consisting of a minor offence, he can be convicted of such minor offence. In the same way in situations where an accused is charged with an offence and facts are proved which direct it to be a minor offence, he can be convicted of such minor offence even though he is not charged with such offence.

On the contrary, no person can be convicted for a major offence if he is charged with a minor one.

In the cases of Mohinder Singh v. State of Punjab and Chandi Prasad v. State of U.P the same ruling was held.

No conviction for major offence when minor offence is charged:

It is important to state that in case an accused is charged with a major offence then in that situation he can legally be convicted of a minor offence. However, vice versa is not true. Hence, if an accused is charged for a minor offence, he cannot be convicted for a major offence.

In the infamous case of Willie Slaney v. State of M.P. , it was held by the honourable judges that ‘in case of charge for minor offence, no conviction for a major offence can be there’.

Withdrawal of Charges:

It has been stated under Section 224 states that when an accused is charged for two or more offences and if he is convicted on one or more of them, the prosecution or the complainant in that case may then with the due permission of the court, withdraw the remaining charges. In situations where the court permits withdrawal of charges, the same would amount to acquittal on the charges which are left and they cannot be inquired into except if the court order’s to set aside the conviction.

Discharge of the accused:

Under section 227 it is provided for discharge of an accused. It has been explained here that the judge has the power to discharge the accused, assisted by reasonable reasons for doing so and by considering the cases and the submitted documents and after hearing the accused and the prosecution.

This provision has been enacted with the intention of eliminating the possibility of harassment to the accused in situations when no prima facie case is against him. There is no need for mental judgement of the veracity and effect of evidence as the trail stage.

If under Section 227 or Section 228, the scale as to the guilt or innocence of the accused are equal at the beginning stage of making an order then in such a scenario, normally the order will automatically have to be made under Section 228 (framing of charge) and not under Section 227 (discharge). Willie Slaney v. State of M.P and Ganesh v. State of Orissa and State of Maharashtra v. Salman Khan , are some crucial cases proving the above true.

Framing of Charge:

The framing of a charge is a judicial act is not mere formality and hence application of mind is crucial. The basic motto of Section 228 is to ensure that the accusation made against the accused are not false and baseless and frivolous and that there is some material aspect to proceed. It becomes clear after reading section 227 and 228 together, that what the court has to see whether it is a prima facie case against the accused and he is in any manner connected with the incident leading to the prosecution. Certain rules are given below find out that is the case is prima facie or proper evidence against the accused.

When charge may be framed:

In Union of India v. Prafulla Kumar after keeping in mind a lot of cases the following points were given regarding when can charges be framed-

(1) While considering the question of framing the charges, the Judge under Section 227of the Code needs to weigh the evidence to conclude whether it’s a prima facie case or not;

(2) Where the accused has been clearly and properly explained the materials and the accusations against him, the court will be fully justified in framing a charge and proceeding with the trial.

(3) In situations where judge is satisfied with the evidence produced and where no grave suspicion has been raised then taking into consideration the facts of the case, the judge has the power to discharge the accused.

(4) Under Section 227 of the Code, while exercising his jurisdiction, the total affect of the evidence and the document produced by the court, and any other basic infirmities appearing in the case and so on. Hence the judge should not make roving enquiries into pros and cons of thr case and weigh the evidence as if he was conducting a trial.

Section 240- Framing of charge:

The magistrate shall frame a charge, upon considering the police report and the documents sent with it under Section 173 and after examining the accused and hearing the parties, if the magistrate is of the opinion that the accused has committed an offence which he is competent to try and could be adequately punished by him. The accused shall be explained the charge by reading it over to him and he shall be asked whether he pleads guilty or claims to be tired.

It is well settled that at the stage of framing of charge the trial Court is not to examine and assess in detail the materials placed on record by the prosecution nor is it for the Court to consider the sufficiency of the materials for the purpose of seeing whether the offence alleged against the accused persons is made out. At the stage of charge the Court is to examine the materials only with a view to be satisfied that a prima facie case has been made out against the accused persons.

Where the material on record as product by the prosecution was sufficient for framing the charge of corruption, the Court need not wait for the public servant to satisfactorily explain the assets position.

Where the accused, in collusion with others, defrauded the bank to the tune of over 2 crore rupees, the Supreme Court observed that a blanket order enabling the accused not to appear before the court during investigation and even at trial should not be passed. His presence may become necessary for example, at the time of framing of charge.

Examination of accused and framing of charge, two distinct stages –

The Supreme Court deprecated the practice of examination of the accused and framing of charge are two important stages in criminal trial.

In the case Sajjan Sharma v. State of Bihar the accused were police officers. They are arrested the deceased for taking bribe. He was patient of asthma. He was put in a window-less room which was full of dust and cobwebs which are known allergies for triggering an asthma attack. He was brought to the hospital the next day in a comatose condition. His body showed no signs of pulse, respiration, or blood pressure. The court said that prima facie the accused could be proceeded against under Section 304, and Section.330, of IPC. Since there was little evidence to establish under section 302 hence she was not guilty under this.

The charge against the accused constituted of the fact that she dishonestly processed and verified fake bills. The bills in question were neither raised nor signed by the appropriate authority. The same was not entered in the bill register. Hence, the framing of charge against her was held to be proper. It was remarked by the court that a person signing a document is expected to make an enquiry before signing it. The presence of material on the record was sufficient to enable the court to form an opinion that the accused might have committed the offence. All the officers who dealt with the relevant files at one point of time or the other could not be taken to have participated in the conspiracy or guilty of aiding or abetting it. In such cases, it is necessary to deal with individual acts of criminal misconduct for finding out their respective roles. Some of the persons similarly situated were not proceeded against only because departmental proceedings ended in their favour. The court said that the doctrine of parity under Art. 14 of the Constitution should have been considered.

Non-interference in framing of charge

The Supreme Court gave the following understanding of the above term-

It is the statutory obligation of the High Court not to interfere at the initial stage of framing the charges merely on hypothesis, imagination and far-fetched reasons which in law amount to interdicting the trial against the accused persons. Self-restraint on the part of the High Court should be the rule unless there is a glaring injustice staring the Court in the face. Unscrupulous litigants should be discouraged from protracting the trial and preventing culmination of the criminal cases by having resort to uncalled-for and unjustified litigation under the cloak of technicalities of law.

Materials and documents filed by the accused cannot be considered, at the stage of framing of charge. Materials produced by the prosecution alone are to be considered. Depriving the accused of the opportunity to produce the material of sterling quality at this stage is not violative of Article 21 and 14 of the Constitution. This is to become roving or fishing inquiry and mini-trial at the stage of framing of charge has been held to be not permissible.

Frequently Asked Questions:

What is a charge sheet.

In order to prove the accusation of crime in the court of law a final report is prepared by the investigation or law enforcement agencies and this report is known as charge-sheet. This statement has not been defined in the Cr.P.C. The police officer submits report in order to prove that the accused is connected with or has committed any offence which is punishable under the code. The report contains all the stringent records right from the commencement of investigation procedure of lodging an FIR to the completion of investigation and preparation of final report.

What is the difference between charge and trial?


1) The prosecutor files the ‘charge-sheet’ containing ‘charge/s’ in the court.	1) After receiving the charge-sheet, the magistrate takes cognizance of the case and starts the proceedings.
2)The charge-sheet contains FIR, police-report, investigation, names and description of the accused and witness ,etc.	2) Cognizance of the case be receiving the charge-sheet is the first step of the trial and the trial includes all the proceeds of the court, and ends with announcement of judgement.3
3) Preparing and filing of charge-sheet are done by police and prosecutor, which is purely executive nature.	3) Trial is conducted by the court and it is of judicial nature.

Edited by Shuvneek Hayer

Approved & Published – Sakshi Raje

What Is Charge and Its Contents Under CrPC?

The fundamental principle of the criminal justice system provides that the accused has a right to be prepared for his or her defence. To fulfil the above principle, the essential requirement of a fair trial is to give precise information to the accused regarding the acquisitions against him so that the accused can take the relevant steps for his defence in the court of law. Under the Criminal Procedure Code (CrPC), such precise information is known as charge .

In this law note, we will discuss the concept of “charge” in India as provided under the Code of Criminal Procedure, 1973 .

What Is Charge Under CrPC?

Contents of a valid charge, is it necessary to state the manner of committing the offence in charge, errors in charge, alteration or addition in charge and its effect.

Charge refers to the formal accusation made against a person. It is defined under section 2(b) of the CrPC . Charges are framed after the stage of investigation and inquiry and before trial. These are the foundations of the criminal trial or the disclosure of the commission of an offence.

The particulars or the content of a valid charge may be divided into two ways: legal content and factual content . A charge must contain both types of content.

Section 211 of the CrPC provides for the legal content of the charge. It provides that:

Every charge must state the offence , which means the offence for which the accused is charged.
The name of the offence provided in law or the definition of the offence when no specific name of the offence is provided in the law.
The law and the section of the law.
The essentials required by the law to constitute the offence.
It must be written in the language of the court.
If the accused was previously convicted for any offence, the facts and particulars of such previous conviction must also be stated in the charge.

Section 212 of the CrPC provides for the factual content of the charge. It provides that every charge must contain the particular as to the time (when the offence was committed), the place (where the offence was committed), the person (against whom the offence was committed) or the thing (in respect of which the offence was committed).

Further, section 212 also provides that if an offence like criminal breach of trust or dishonest misappropriation of property or other movable property is accused of having been committed, in such a case, approximate sum (money), or time or dates may also be stated.

As a general rule, once the particulars of section 211 and section 212 of the CrPC are stated in the charge, it is not necessary that the manner of committing the offence in the charge must be stated. But section 213 of CrPC provides that if the accused still doesn’t have sufficient notice of the matter with which he is charged, then in such a situation, such particulars of the manner of committing the alleged offence must be stated in the charge. The purpose of section 213 is to give the accused sufficient notice of the matter for which he is charged.

For example: The offence of cheating is done in three manners (deceiving, fraudulently, and dishonestly) as provided in IPC. Thus, in order to let the accused know about his allegations, the manner must be stated in the charge.

The charges are framed by the Magistrate of the concerned court. There are chances that such Magistrate may make any error or omit any charge. Section 215 and section 464 of CrPC provide for the effect of errors in the charge.

A charge is said to have a material error only when it misleads the accused and creates a failure of justice .

Section 216 of the CrPC provides that there are no boundations to alter or add to any charge. The court may alter or add to any charge at any time before pronouncing the judgement. After such alteration or addition, it must be read and explained to the accused.

If the alteration or addition to the charge prejudices the accused or the prosecutor, the court may direct for a new trial to be conducted or adjourn the trial for a future date. On the other hand, if such alteration or addition does not prejudice the accused in his defence or the prosecutor, the court may proceed with the same trial in the same manner as if the altered or added charge were the original charge.

Further, section 217 of the CrPC provides that whenever a charge is altered or added, the court may recall or re-summon the witnesses and may also call any new witness and may examine for securing the interest of justice.

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One basic requirement of a fair trial in criminal jurisprudence is to give precise information to the accused as to the accusation against him. This is of significant value as it helps the accused in the preparation of his defence. In all trials under the Code, the accused is informed of the accusation in the beginning itself. In case of serious offences the Code requires that the accusations are to be formulated and reduced to writing with great precision and clarity. This ‘charge’ is then to be read and explained to the accused person. Thus, in a general sense the object of charge is enabling the accused to have an idea of what he is being tried for and why he is being tried. This is the stage where a criminal case splits into various paths, and leads to different types of conclusions. In this article, we shall discuss criminal charge under CrPC.

A charge is a written notice of the precise and specific accusation against the accused person which he is required to meet. It is the first notice to the person of the matter whereof he is accused and it must convey to him with sufficient clarity and certainty that the prosecution intends to prove against him and of which, he would have to clear himself. Its object is to warn the accused of the case, he is to answer.

What is Charge?

A ‘charge’ simply means an accusation. For the purposes of trial procedures, under the Code, it signifies a formal accusation in writing against a person that he committed an offence. The Code however does not define charge, but section 2(b) of the Code says that “Charge includes any head of charge when the charge contains more heads than one”

In order to understand the definition, it must be decoded and interpreted in its general sense. The provision says as to what included in the definition of Charge i.e., the definition is the inclusive one. For example: if a man commits several offences by his single act then all the offences are called heads of charge and all offences are individually and together are charge. Section 211 to 224 speaks about form and contents of charge and what a charge shall contain and Joinder of charges, alteration of charges etc…

Charge must be properly framed and evidence tendered must relate to matters stated in the charge. A charge is not an accusation in the abstract, but a concrete accusation of an offence alleged to have been committed by a person. The object being to enable the accused to know the case he will have to meet and to be ready before evidence is given.

In VC Shukla v. State through CBI, 1980 Cr. L.J, 690 (SC) case, the Apex Court held that charge serves the purpose of notice or intimation to the accused, drawn up according to specific language of law, giving clear and unambiguous or precise notice of the nature of accusation that the accused is called upon to meet in the course of trial

Essentials of a valid Charge:

Sections 211 & 212 specify about contents of charge and mentioning of particulars as to time and place of the alleged offence in the charge

Section 211 of the Code deals with contents of Charge and states that

Every charge under this Code shall state the offence with which the accused is charged
If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.
If the law which creates the offence does not give it any specific name so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.
The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.
The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case
The charge shall be written in the language of the Court.
If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact date and place of the previous, conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.

Section 212 of CrPC asserts the charge form shall contain:

The offence for which the accused is charged and the particulars like the time, place and the person against whom the offence is committed and giving to the accused the precise and clear notice of matter for which he is charged.
The exact time need not be mentioned in the charge form when the accused is charged with criminal breach of trust or dishonest misappropriation of money or any other movable property, it is sufficient if the gross sum is specified and the dates on which such alleged offence have been committed.

In Ranchhod Lal v. State of Madhya Pradesh, AIR 1965 SC 1248 case, the Court held that failure to mention the particulars precisely due to the nature of the information may not invalidate the proceedings.

According to Section 213 of CrPC, when the nature of the case is such that the particulars mentioned in Section 211 and 212 do not give the accused sufficient notice of the matter with which he is charged, the charge shall contain such particulars of how the alleged offence is committed as will be sufficient for that purpose.
According to Section 214 of CrPC, words used in charge to describe the offence shall be deemed to have used in the sense attached to them respectively by law under which such offence is punishable.
According to Section 215 of CrPC, errors committed in stating either the offence or the particulars required to be stated in the charge or omitting to state offence or those particulars in charge, all these errors shall not be regarded as as material at any satge unless the accused was misled by such error or omission and it caused a failure of justice.
According to Section 216 of CrPC, any court my alter or add to any charge at any time before pronouncing the judgement and every such altered or added charge shall be read and explained to the accused. In case if the court is of the opinion that proceeding immediately with the trial, after alteration or addition of charge, causes prejudice to the accused or prosecutor, then the court may either direct a new trial or adjourn the trial for such period as may be necessary. In case if the altered or added charge necessiates prosecution for previous sanction then the case shall not be proceeded with until such sanction is obtained for prosecution or unless the sanction was already obtained on same facts of altered or added charges.
According to Section 217 of CrPC, whenever a charge is altered or added by the court ,after commencing trial on such altered or added charge, the court shall allow the accused or prosecutor to recall or reexamine any witnesses who were examined , by recording reasons.
According to Section 218 of CrPC, for every distinct offence there shall be a separate charge and every such charge shall be tried separately.
According to Section 219(1) of CrPC, if a person has been accused of three offences of the same kind, then the person can be tried for all the offences together if they have been committed within a span of twelve months from the first to the last offence. Section 219(2) of CrPC talks about the offences which are of the same kind, also punishable with the same quantum of punishment.
If a person has committed a series of acts, which are so intrinsically connected together that they form a single transaction, such series of offences shall be charged and tried together. The word ‘transaction’ has not been defined under the Code.
In case of offences of Criminal breach of trust or dishonest misappropriation of property and their companion offences of falsification of accounts. Many a time, the offences of criminal breach of trust or dishonest misappropriation of property are committed along with the offence such as falsification of accounts etc., the latter offence committed in order to fulfil the objective of the former offence. In such cases, Section 220(2) enables the Courts to try such offences together.
Section 221 provides for the cases wherein there is some doubt related to the circumstances and incidents which took place during the commission of the offence. According to this section, if the accused has committed a series of acts which lead to confusion regarding the facts should be proved, the accused might be charged with any or all of such offences or charged for alternative offences. In such cases, the accused is charged for one offence and during the stage of evidence, if it is proved that he has committed a different offence, he may be convicted for the same even though he was not charged with the same.
Section 223 talks about the class of persons who can be tried jointly. This section permits a joint trial of several persons under the specified circumstances as there exists some nexus among the various offences committed. The various classes shall not be treated as mutually exclusive and could be combined together if necessary. The accused persons whose cases have not been covered under any of the classes of Section 223, cannot himself claim a joint trial. The proviso to this Section puts a check on the discretionary power of the court. The rules contained from Section 218 to Section 223 have been made for the benefit of the accused. It is not required to treat the various classes of sections as mutually exclusive. The Courts have been given the authority to combine the provisions of more than two clauses. The joint trial of several persons partly by applying one clause and by partly applying another clause has also been authorised.
Section 224 of CrPC states that when a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent, of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn. The section is applicable where the accused in convicted of one of several distinct charges before the other charges are tried. It is necessary that the several charges made must be in respect of distinct offences and the section will not apply where the several charges are made under Sections 220(3), 220(4), or Section 221.

Types of Cases Where Charges are Formed?

It is generally necessary to be charged in three types of cases:

Session cases under Section 228 of CrPC
The warrant case was established by the magistrate based on the police reports under section 240 of the CrPC.
The warrant case has been established by the magistrate on the basis of the police report, otherwise based on a personal complaint under Section 24 (1) of the CrPC.

In the trial of summons cases and summary trials, the plea has been made instead of the charge.

Conclusion:

It is the duty of the court to enable the accused to know the charges made against him, so that he will be in a position to prepare his defence in that regard. Therefore, charge should be clear and easily understandable to accused and the courts shall be very cautious while framing the charges against accused. Such framing of charge shall not prejudice the accused and it shall not be in such a way of defeating the fundamental principles of natural justice which accused is entitled for.

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Framing of Charges under CrPC

Criminal Law Blogs CRPC Subject-wise Law Notes
Aishwarya Agrawal
September 14, 2023

The framing of charges under CrPC is a pivotal stage in criminal proceedings where a court formally accuses an individual (the accused) of committing a specific offence based on evidence and allegations presented by the prosecution.

This process plays a crucial role in the criminal justice system by informing the accused of the charges against them, establishing the legal foundation for a trial and promoting transparency and fairness in legal proceedings.

It is a fundamental aspect of due process, ensuring that the accused’s rights are protected and setting the stage for the trial, where guilt or innocence is ultimately determined. The framing of charges marks a significant milestone in the journey toward justice in criminal cases.

What is a Charge under CrPC?

The term ‘Charge’ is defined in Section 2(b) of the Code of Criminal Procedure (CrPC), 1973, as “any head of charge when the charge contains more heads than one.” This section provides definitions for both ‘charge’ and ‘charges.’

A charge represents a formal accusation made by the court against an individual accused of committing an offence. In essence, a charge is a legal term used to describe an allegation. Similarly, when an allegation against an individual encompasses multiple elements, it is referred to as ‘charges.’

To illustrate this with an example: Suppose an individual, A, is accused by B in a hit-and-run case, resulting in the filing of a First Information Report (FIR). Subsequently, the police will present a report to the court, detailing the offence A is alleged to have committed, along with the progress of the investigation.

After careful consideration, the court will frame charges against A. In the given scenario, the court might frame charges of Rash Driving (as per Section 279 of the Indian Penal Code, 1860 ) and Culpable Homicide not amounting to Murder (as per Section 299 of the IPC) to initiate the trial. However, if A had been accused solely of Rash Driving, the court would have framed a single charge against him.

Chapter XVII of the CrPC deals with ‘Charges.’ Section 228 of the CrPC deals with framing of charges.

Meaning of Framing of Charges

Framing of charges in a criminal case is the formal accusation of an individual committing a specific offence or crime. During this process, the court reviews the evidence and the allegations presented by the prosecution and if it finds sufficient grounds to believe that the accused has committed the offence, it formulates and formally presents the charges against the accused.

The framing of charges under CrPC is a crucial step in criminal proceedings because it serves several important purposes:

Informing the Accused: It informs the accused of the specific offence they are being charged with, along with the details of the allegations against them. This ensures that the accused is aware of the nature of the accusation.
Establishing Legal Foundation: It establishes the legal foundation for the trial to proceed. Once charges are framed, the trial can move forward and the accused can prepare their defence.
Transparency: It promotes transparency in the legal process by clearly defining the scope of the case and the charges brought against the accused.
Protection of Rights: It safeguards the rights of the accused by ensuring that they are aware of the charges and can exercise their right to defend themselves in court.
Setting the Stage for Trial: It marks the beginning of the trial phase, where evidence is presented, witnesses are called and legal arguments are made.

Contents of Charge

Purpose of a Fair Trial: The primary requirement under the CrPC for a fair and just trial is to ensure that the accused is precisely and accurately informed of the offence with which they are charged. This notification is crucial as it provides the accused with a fair opportunity to prepare their defence.

Sections 211 and 212 of the CrPC: These sections prescribe the forms and contents of the charge in criminal cases. They establish the framework for drafting charges in a manner that clearly describes the offence to the accused.

When Additional Particulars Are Required: In cases where the nature of the offence is such that it cannot be adequately described by the particulars specified in Sections 211 and 212, additional information about the manner in which the offence was committed by the accused must be included in the charge. This ensures that the accused receives sufficient notice of the offence with which they are charged.

Key Elements in Section 211 of the CrPC: This section specifies that every charge should include:

The offence the accused is charged with.
If the offence has a specific name under the law, it should be described by that name.
The definition of the offence under the relevant law if it doesn’t have a specific name.
The law and the section of the law under which the offence is alleged to have been committed.

Illustration of Section 211: An illustration is provided to clarify how Section 211 works. For example, if an individual, A, is charged with the murder of B, it signifies that the act of A falls within the definition of murder as mentioned in Sections 299 and 300 of the Indian Penal Code. It also means that the act of A doesn’t fall within any of the General Exceptions outlined in the Indian Penal Code. Additionally, it specifies that A’s act doesn’t fall into any of the five exceptions to Section 300, or if it does, it identifies which specific exception(s) apply.

Equivalent Statement: When a charge is framed against an accused, it is considered equivalent to stating that the accused, while committing the offence, has fulfilled all the legal conditions required to constitute that offence in the particular case. This means that all elements of the offence must be satisfied for the charge to be valid.

Language of the Court: Charges must be written in the language of the court to ensure clarity and understanding.

Framing of Charges

The process of framing charges involves the court’s determination that the accused individual is likely to have committed a specific offence. This determination is made after a careful examination of the police report, along with other pertinent documents and after hearing arguments from both parties. Framing of charges serves as the initial step in commencing a trial against the accused.

It is essential to note that although framing charges under CrPC is a vital step that informs the accused of the allegations against them, it is not mandatory in all legal proceedings.

Framing of Charges under Section 228 of the CrPC

Section 228(1) in The Code Of Criminal Procedure, 1973

(1) If, after such consideration and hearing as aforesaid, the Judge is of the opinion that there is ground for presuming that the accused has committed an offence which-

(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate and thereupon the Chief Judicial Magistrate shall try the offence in accordance with the procedure for the trial of warrant- cases instituted on a police report;

(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused.

Principles Related to Framing of Charge under CrPC

The framing of charges in criminal cases is guided by several fundamental principles to ensure a fair and just legal process. Some key principles related to the framing of charges include:

Presumption of Innocence: The accused is presumed innocent until proven guilty beyond a reasonable doubt. Charges are framed based on a prima facie case but do not imply guilt.
Due Process: The accused has the right to be informed of the charges against them and to have a fair opportunity to prepare their defence.
Specificity : Charges must be clear, specific and accurately describe the alleged offence to ensure the accused understands the nature of the accusation.
Evidence-Based: Charges are framed based on evidence and allegations presented by the prosecution. The court assesses whether there are reasonable grounds to proceed.
Fair Notice: The accused must receive sufficient notice of the offence to prepare a defence, preventing surprise or ambiguity in the trial.
Legal Definitions: Charges should use legal definitions and terminology consistent with the law under which the offence is punishable.
Transparency: The framing of charges promotes transparency in legal proceedings, defining the scope and nature of the case.
Protection of Rights: It safeguards the rights of the accused, including the right to remain silent and the right to legal representation.
Speedy Trial: Delays in framing charges can affect the principle of a speedy trial, so charges should be framed promptly.
Legal Standards: Charges should meet the legal standards for each specific offence, ensuring accuracy and fairness.

Types of Trials for Framing of Charges in CrPC

The Code of Criminal Procedure outlines different types of trials , including:

Summary Trial: Summary trials are conducted for offences that carry a maximum punishment of up to two years of imprisonment or for offences related to theft, receiving stolen property, or assisting in retaining stolen property when the value involved is less than Rs. 2,000. In summary trials, there is no requirement for the formal framing of charges.

Summons Case: Summons cases involve offences for which the maximum imprisonment term does not exceed two years. According to Section 251, when the accused person is brought before the court or voluntarily appears, they are informed about the specific offence they are alleged to have committed. In such cases, the court asks the accused whether they plead guilty or need to present a defence. The formal framing of charges is not necessary in summons cases.

Warrant Case (Sections 238-250): In warrant cases, the formal framing of charges in writing is required.

Trial before Sessions Court (Sections 225-227) : Trials before the Sessions Court also necessitate the formal framing of charges in writing.

Trial Before the Court of Session (Chapter XVIII)

The process of framing charges under CrPC in the context of trials before a Court of Session is governed by Chapter XVIII of the CrPC. Section 228 of the CrPC outlines the specific procedures for framing charges in cases exclusively triable by the Court of Sessions and listed in the First Schedule of the CrPC.

Here’s an explanation of the key provisions related to the framing of charges in trials before a Court of Session:

Exclusive Trial by Court of Sessions: Section 228(1) stipulates that when the Court of Session considers the police report, examines other relevant documents and hears both parties and it finds reasonable grounds to presume the accused’s involvement in the commission of the offence, the following steps are taken:

a. Non-Exclusive Cases: If the case is not exclusively triable by the Court of Session, the court may frame a charge against the accused. Subsequently, it can transfer the case to the Chief Judicial Magistrate or any other Judicial Magistrate of First Class. The accused is then directed to appear before that court on a specified date. The Magistrate will then proceed to try the offence based on the charge framed by the Court of Session, following the procedure for trial under Warrant-Cases.

b. Exclusive Cases: If the case falls exclusively within the jurisdiction of the Court of Sessions, the court shall frame a charge against the accused.

Explanation of Charges: In cases where charges are framed by the Court of Session, the charges must be clearly explained to the accused and the accused is asked whether they plead guilty to the offence.

Necessity of Formal Charges: It is imperative that formal charges are framed when there is a presumption of the accused’s involvement in the offence, indicating a prima facie case. This is particularly crucial when the offence is exclusively triable by the Court of Session. Failure to adhere to this procedure may result in higher courts overturning the trial.

In essence, the process of framing of charges in trials before a Court of Session is a critical step to ensure that the accused is informed of the allegations against them and to maintain a fair and just legal process. The Court of Session must exercise its judgment to frame charges appropriately, as per the established procedure, to avoid legal complications in subsequent proceedings.

Trial of Warrant Cases By Magistrate (Chapter XIX)

In the context of trials of warrant cases by a Magistrate, which are covered under Chapter XIX of the Code of Criminal Procedure, Section 240 of the CrPC outlines the procedure for framing charges. Warrant cases typically involve offences that are punishable with imprisonment for a term exceeding two years.

Here’s an explanation of the key provisions related to the framing of charges by a Magistrate in warrant cases:

Magistrate’s Satisfaction : According to Section 240(1) of the CrPC, if the Magistrate is satisfied that the matter before them is triable and there are reasonable grounds to presume that the accused has committed the offence, the Magistrate shall proceed to frame charges in writing.

Framing of Charges: The Magistrate formally frames charges in writing. This is a crucial step in the legal process and involves specifying the allegations against the accused.

Explanation of Charges: Subsequently, the charges are explained to the accused in a clear and understandable manner. The accused is then asked whether they plead guilty to the charges. This process ensures that the accused fully understands the nature of the allegations against them.

It’s important to note that in warrant cases, it is the legal duty of the court to frame formal charges. This step is essential for maintaining transparency and fairness in the legal proceedings, allowing the accused to respond to the charges and exercise their legal rights appropriately. The formal framing of charges helps establish a clear foundation for the trial and ensures that the accused is fully informed about the case against them.

Judicial Analysis of Sections 238 & 240

These judicial observations provide valuable insights into the procedure and essentials of framing charges under CrPC in various legal contexts:

Niranjan Singh Karam Singh Punjabi v. Jitendra Bhimraj Bijjaya: The Supreme Court emphasised that during the stage of framing charges, the courts should consider that the allegations made against the accused are prima facie believable. The framing of charges relies on the “subjective satisfaction” of the courts. This implies that the court must assess whether there is a reasonable basis to presume the accused’s involvement in the offence.

State of Tripura v. Bhupen Dutta Bhowmik: The court underscored that at the stage of framing charges, the courts are obligated to examine the broad possibilities of the case. They must take into account preliminary evidence and ensure that the charges are justified based on the allegations made.

Bal Krishna Pandey v. State of Uttar Pradesh : In a case where the trial court took an extended period to frame charges, the Supreme Court stressed the importance of the “principle of speedy trial.” Delays in framing charges can affect the overall trial process and can be detrimental to the accused who may remain in custody during this time.

Mauvin Godinho v. State of Goa : The Supreme Court outlined the standard for framing charges under Section 228 Cr.P.C. It emphasised that a prima facie case against the accused is established when the evidence, taken as a whole, is sufficient to induce the court to believe in the existence of essential elements of the charge or to consider their existence highly probable. However, the court should refrain from conducting a detailed examination of evidence at this stage, as if it were a trial.

Minakshi Bala v. Sudhir Kumar & Ors: This case clarified that once a charge has been framed under Section 240, High Courts do not possess inherent powers to quash charges based solely on the police report or other documents. Such an action should be rare and limited to situations involving forensic exigencies or formidable compulsions.

What is the Time Limit for Charge Sheet?

The charge sheet is to be filed within 60 days from the date of arrest of the accused in cases triable by lower courts and 90 days in cases triable by Court of Sessions.

Framing of charges is a critical step in the criminal justice system. It involves the formal process by which a court formally accuses an individual (the accused) of committing a specific offence based on evidence and allegations presented by the prosecution. Framing of charges in CrPC serves to inform the accused of the charges against them, establish the legal foundation for a trial, ensure transparency in the legal process, protect the accused’s rights and set the stage for the trial itself.

It’s important to understand that the framing of charges does not equate to a determination of guilt; it is simply the formal accusation. The accused is considered innocent until proven guilty in a court of law and the trial is the venue where evidence is presented, witnesses are examined and the ultimate determination of guilt or innocence is made.

Overall, framing of charges is a fundamental component of the criminal justice system, ensuring due process, fairness and the protection of the rights of both the accused and the prosecution.

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Meaning, Form and Content of Charge under the Cr.P.C, 1973

Meaning, form and content of charge under the cr.p.c, 1973 | overview introduction meaning of charge purpose of charge form of charge contents of a charge-sheet errors in charge and its effect introduction section 2 (b) of the code of criminal procedure, 1973 (hereinafter, ‘crpc’) defines ‘charge’ in an inclusive manner. according to this provision, the charge includes… read more ».

Meaning, Form and Content of Charge under the Cr.P.C, 1973 | Overview Introduction Meaning of Charge Purpose of Charge Form of Charge Contents of a Charge-sheet Errors in Charge and its Effect Introduction Section 2 (b) of the Code of Criminal Procedure, 1973 (hereinafter, ‘CrPC’) defines ‘charge’ in an inclusive manner. According to this provision, the charge includes any head of the charge when there are more heads than one. The definition of charge in CrPC is very vague and...

Meaning, Form and Content of Charge under the Cr.P.C, 1973 | Overview

Introduction, meaning of charge, purpose of charge, form of charge, contents of a charge-sheet, errors in charge and its effect.

Section 2 (b) of the Code of Criminal Procedure, 1973 (hereinafter, ‘CrPC’) defines ‘charge’ in an inclusive manner. According to this provision, the charge includes any head of the charge when there are more heads than one.

The definition of charge in CrPC is very vague and beyond the comprehension of a layman. Before defining charge in simple terms, it is vital to decode this definition and understand what CrPC wants to say about the definition of charge. A person can commit several offences by his one single act.

For instance, A stole all the jewellery in B’s house by keeping the inmates at gunpoint. Here, A has committed house-trespass, theft, theft in a dwelling house, illegal possession of arms, assault and so on and so forth.

Thus, when a criminal prosecution initiates, the Magistrate charges the accused and informs him of the number of offences that have been alleged against him. All these offences are called heads of charge and all of them individually and together are known as ‘charge’. This is contemplated by Section 2(b) of the CrPC.

There is a difference between a definition and a meaning. The definition is the specific words used by an authority to explain a term or phrase whereas meaning is the explanation if that definition in simple and lucid terms.

The definition has already been stated in the aforementioned paragraph. The term charge, in criminal law, basically means the allegations or offences that have been hurled on the person. Thus, if A is accused of theft, the charge is theft. Hence, the charge is a formal recognition granted to the act of the accused person by a Magistrate to allow the person to have knowledge about his act.

The main object of charge was highlighted by Faizalali J. in V.C. Shukla v. State [1] . His Lordship observed that the purpose of the charge is to give the precise and exact knowledge to the accused of the offence that he has been charged with to allow him an opportunity to prepare for his defence.

The general practice and basic rule are that charge must be specific and not elongated. This allows the accused to prepare his defence on the specific charge. Moreover, charge also allows the Prosecutor to prepare its case and the evidence to commence the prosecution.

Every offence puts upon the prosecutor a very different burden to prove its case before the court. Though in common parlance, we say that the prosecutor has the burden to prove beyond a reasonable doubt that the accused is guilty of the offences charged with.

In practice, the weight of this burden changes from offence to offence. Offences which are punishable with severe sentences such as imprisonment for 7 years or more levy a greater burden on the prosecution than an offence punishable with 3 years’ incarceration. Therefore, it is essential that all the heads of charges are specifically and more fully described to allow the prosecutor to analyze the amount of evidence that would be essential to obtain a conviction.

Charge is not a form but the charge that is levied against the accused is mentioned in the charge-sheet which is the form of charge. The charge-sheet is a general term used for the Final Report that the investigating authority (usually Police) is required to submit under Section 173 of the CrPC.

The charge-sheet contains the offences which the police suspect the accused to have committed on the basis of the evidence that can be found during the course of an investigation. However, the actual charges are those and actual charge-sheet is the one where the Magistrate puts a charge on the accused.

After the accused person is arrested, the police investigate the matter and try to arraign evidence that can be gathered. If after collecting the evidence, the police has reason to believe that the arrested person is the accused, a final report is prepared which contains the charges and evidence.

The accused with the final report is produced before the Judicial Magistrate. The Magistrate, after inquiry, informs the accused of the offences that he is charged with and mentions them on a separate sheet which is the charge-sheet. This charge-sheet is the form of charge which is Form No. 32 provided for in the second schedule of the CrPC.

As aforementioned, the Magistrate prepares the charge-sheet of the offences with which the accused person is charged. Now, the question that arises is what should such form or charge-sheet contain. Section 211 of the CrPC enlists the essentials of a charge. Further, Section 212 and 213 provide for additional information which is to be stated in the charge-sheet under certain special circumstances.

The contents of a charge which are must are as follows:

The title of the offence with which the accused is charged. For instance, if the act is of stealing, the exact title as used in Indian Penal Code must be stated, i.e. “theft”.
After the title of the offence, the offence must be described by explaining the act that constitutes the offence. For instance, the offence is “theft” committed by stealing the properties of ‘A’.
The charge-sheet must define and explain the elements of the offence with which the accused is charged with. Every offence has been defined the IPC or other relevant laws and there are certain essential ingredients to be proved. The charge-sheet must mention them. For instance, for the offence of theft elements are, ‘taking property out of the possession of its lawful owner’ and ‘with a dishonest intention’.
Then the Magistrate must remember that the accused is a layman and may not be acquainted with the law and provisions of law. Hence, the charge must contain the name of the law and the relevant provision number.
Next are the substantive requirements that need to be conformed to. It means if there are any exceptions to the elements mentioned before or any defence is allowed to the accused. For instance, if the property is taken out of the possession of its lawful owner to protect it from damage, it is not theft.
The Magistrate shall make a note to the effect that all the essential requirements of the offence were fulfilled in the case by the acts if the accused person(s). The Magistrate shall further explain the facts under what the elements have been fulfilled. For instance, at the time of the offence, ‘A’ was seen by B’s neighbour entering B’s house proves that A was at the place of crime.
The charge shall also be accompanied by an averment stating any prior conviction or any recidivism that the accused is liable because of which he is entitled to severe punishment. This enables the trial court to proceed with the trial quickly and easily.
The charge should also contain the particulars, i.e. details of the time when and the place where the offence is alleged to be committed. In a criminal trial time and place are extremely momentous. If the accused person can show his presence at a different place at the same time, he can successfully claim the plea of alibi. Hence, time and place are essential.
Further, the person or the thing against which the offence is alleged to be committed by the accused shall also be included. Detail of the person affected assists in establishing the identity of the accused and any motive for the commission of the offence.
In case the offence charged is in the nature of misappropriation or criminal breach of trust or any offence where the actual amount of money lost cannot be ascertained, a gross or approximate amount of loss will satisfy the requirement.
Lastly, if even after specifying all the above ingredients, the Magistrate feels that the offence is of such a nature that the accused may not be able to understand the charges, he may as he deems necessary to explain the offence in his terms so as to give full and accurate knowledge to the accused about the offence.

When any of the particular is not mentioned or not sufficiently mentioned in the charge-sheet, this causes an error in the charge. However, Section 215 states that any error in the charge shall not vitiate the trial or affect the proceeding in any manner.

In Tulsi Ram and ors. v. State of Uttar Pradesh [2] , under para 12, the court was thinking about these parts of the issue and clarified that a grumbling about the charge was never raised at any prior stage and the Hon’ble Judges arrived at the resolution that the charge was completely comprehended by the appellants all things considered and they never griped at the suitable stage that they were confounded or baffled by the charge. The tragic thing is valid here. Consequently, the Court wouldn’t acknowledge any complaint identifying with the mistake in the confining of the charge.

N. Chandrasekharan Pillai, R.V. Kelkar’s Criminal Procedure (6th ed. 2014).
Ratanlal & Dhirajlal, Commentary on the Code of Criminal Procedure (18th ed. 2006).

[1] V.C. Shukla v. State, AIR 1980 SC 962.

[2] Tulsi Ram and Ors. v. State of Uttar Pradesh, AIR 1954 SC 194.

Introduction to the Code of Criminal Procedure and Important Definitions (Opens in a new browser tab)
Basic Rules of Charge and its Exceptions

Ashish Agarwal

Advocate | School of Law, Christ University Alumnus

Related News

Joinder of Charges under CrPC: A Comprehensive Guide

This article on ‘Joinder of Charges under CrPC: A Comprehensive Guide’ was written by Toya Sen , an intern at Legal Upanishad.

Introduction

When a person is accused and presented in front of the court, authorities must inform the accused on what basis or allegations they have been arrested. It is the right of the individual to know on which head has he been charged. By doing this, the trial proceedings can be carried out in a fair as well as in a speedy manner. Framing these charges is an important exercise that needs to be done to give vital information about the offense he has committed so that he can defend himself in court. This article aims to give a brief knowledge of what are charges and a joinder of charges concerning the Criminal Procedure Code, 1973.

What is a Charge?

A charge is a written document that is issued by the Court of law which states the allegations against the accused intending to give information concerning his offenses and the reason behind his trial. Section 2(b) of the Criminal Procedure Code gives the statutory meaning of a charge and states: “charge” includes any head of the charge when the charge contains more heads than one.” This definition does not explain the meaning of the charge clearly. To put it simply, a charge is an accusation raised by a court against a person who has been alleged of an offense.

For example, Person A enters a house, steals a few of the victim’s belongings, murders the victim, and runs away. In this act, Person A has committed the offense of trespassing, theft, and murder. These allegations are known as charges.

Joinder of Charges: Meaning and Legal Framework

Section 218 of the Criminal Procedure Code, 1973 which comes under Part B of Chapter XVII, gives the principle of Joinder of Charges. It states that whenever a person is accused of multiple distinct offenses, the court has to frame these charges separately and have a trial for these offenses separately as well. In other words, every offense has a separate charge. However, there may be instances where different charges might be framed together as a single charge.

For example, if two or more persons are having committed the same or similar offense, they can be tried together under one heading, Similarly, if a person has committed multiple offenses which are interlinked or have a close connection with each other, those offenses can be tried under one charge by the court. These situations build a path to practice the joinder of charges. It is the exercise to join two or more charges into a single charge.

Exceptions to Section 218 of CrPc

Section 219-221 deals with the exceptions to the principle of the joinder of charges.

Exception 1: Section 219 states that, when a person commits a series of offenses that are similar to each other within a timeframe of 12 months (whether concerning the same person or not); then the court shall charge the accused with all the offenses under a single charge. This is done to avoid multiple trials being taken place against the person with the same kind of offense. Part 2 of the same section states that when a person commits an offense of the same type, which has the same degree of punishment, then the accused will be charged with all those offenses under a single header of charge.
Section 220 (2) states that acts such as criminal breach of trust, dishonest misappropriation of property, and any other offenses which are connected to achieving a fraudulent goal, then those acts would be tried under a single charge.
Section 220 (3) states that, when an offense comes under two or more definitions of the law and punishment for the time being, then that person may be tried under a single charge.
Section 220 (4) states that when multiple offenses are constituted into a single grave offense or an act, then the accused can be tried separately or within a single charge.
Exception 3: Section 221 of the CrPc states that, when there is a doubt related to the series of offenses committed by a person, then the accused shall be tried under the single offense for that act. However, if new evidence is found that proves the accused has committed the crime, then he shall be convicted of that charge but simultaneously be convicted under the offense of a different charge.
Where in the same course of time, the accused person has committed the same or different offenses.
When a person has abetted the commission of a crime.
When the crime committed by the accused is covered under Section 219.
When the person who has committed crimes is mentioned under Chapter XII of the Indian Penal Code.

Landmark Cases:

Subrahmania Ayyar v King Emperor: In this case, the person who is appealing was accused of committing forty-one different acts over a span of two years. The court determined that ignoring a specific legal requirement for how the trial should be conducted (according to Sections 233 and 243) should not be seen as a minor mistake but as a violation of the law. Therefore, the trial is considered to have been conducted in a way that is not allowed by the law.
Kamalanantha & Ors v. State of Tamil Nadu: The court stated that according to Section 218 of the Criminal Procedure Code, each offense should have a separate charge, and each charge should be tried separately. If multiple charges are combined in a way that goes against this procedure, it would be considered a “misjoinder of charges.” To determine if there was a misjoinder, the court needs to check if the accused person knew what they were being tried for, if the main facts against them were explained clearly, and if they were given a fair opportunity to defend themselves.

Joinder of Charges is an important exercise that needs to be performed by the Courts. One of the main reasons why this is done is because, when a person who is charged with multiple offenses is presented in front of the court, it might create an image and cause prejudice to the accused from the magistrate. To prevent this and have a fair trial they must be tried separately for proper judicial procedure. The court must make sure that utmost care is being taken while framing charges. Wrong framing of charges may lead to denial of justice.

Parash Chugh, “Framing of Charges and Joinder of Charges”, Legal Vidhya, 14 May 2023, available at: https://legalvidhiya.com/framing-of-charges-and-joinder-of-charges/ (last visited on 26 June 2023)
Aparajita Balaji, “Joinder of Charges under CrPC”, iPleaders, 25 June 2019, available at: https://blog.ipleaders.in/joinder-charges-crpc/ (last visited on 26 June 2023)
Sofia Bhambri, “JOINDER OF CHARGES IN CRPC”, S Bhambri & Associates, 20 February 2021, available at: https://www.sbhambriadvocates.com/post/joinder-of-charges-in-crpc (last visited on 26 June 2023)

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Code of Criminal Procedure CRPC 17 The Charge

A 'Bare act' is the actual legislation passed by the Parliament of India. Generally, an act sets out the high level legal and policy principles applicable to the subject matter of the law. Most acts are accompanied by 'subsidiary legislation' such as rules, regulations, notifications and orders; which address the actual implementation detail of the act.

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Code of Criminal Procedure, 1973

Chapter 17 – The Charge

Section 211 – contents of charge.

Every charge under this Code shall state the offence with which the accused is charged.
If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.
If the law which creates the offence does not give it any specific name so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.
The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.
The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.
The charge shall be written in the language of the Court.
If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact date and place of the previous, conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.

Illustrations

A is charged with the murder of B. This is equivalent to a statement that A’s act fell within the definition of murder given in sections 299 and 300 of the Indian Penal Code (45 of 1860); that it did not fall within any of the general exceptions of the said Code; and that it did not fall within any of the five exceptions to section 300, or that, if it did fall within Exception 1, one or other of the three provisos to that exception applied to it.
A is charged under section 326 of the Indian Penal Code (45 of 1860) with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by section 335 of the said Code, and that the general exceptions did not apply to it.
A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property – mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false property – mark, without reference to the definition, of those crimes contained in the Indian Penal Code (45 of 1860); but the sections under which the offence is punishable must, in each instance, be referred to in the charge.
A is charged under section 184 of the Indian Penal Code (45 of 1860) with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.

Section 212 – Particulars as to time, place and person

The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.
When the accused is charged with criminal breach of trust or dishonest misappropriation of money or other moveable property, it shall be sufficient to specify the gross sum or, as the case may be, described the movable property in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 219: Provided that the time included between the first and last of such dates shall not exceed one year.

Section 213 – When manner of committing offence must be stated

A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected.
A is accused of cheating B at a given time and place. The charge must be set out the manner in which A cheated B.
A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false.
A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions.
A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B.
A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the disobedience charge and the law infringed.

Section 214 – Words in charge taken in sense of law under which offence is punishable

In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.

Section 215 – Effect of errors

A is charged under section 242 of the Indian Penal Code (45 of 1860), with “having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit,” the word ” fraudulently” being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material.
A is charged with cheating B, and the manner in which he cheated B is not set out in the charge, or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material.
A is charged with cheating B, and the manner in which he cheated B is not set out in the – charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error.
A is charged with the murder of Khuda Baksh on the 21st January, 1882. In fact, the murdered person’s name was Haidar Baksh, and the dale of the murder was the 20th January, 1882. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial.
A was charged with murdering Haidar Baksh on the 20th January, 1882, and Khuda Baksh (who tried to arrest him for that murder) on the 21st January, 1882. When charged for the murder of Haidar Baksh, he was tried for the murder of Khuda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from this that A was misled, and that the error was material.

Section 216 – Court may alter charge

Any Court may alter or add to any charge at any time before judgment is pronounced.
Every such alteration or addition shall be read and explained to the accused.
If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court to prejudice the accused in his defence or the prosecutor in the conduct of the case the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.
If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.
If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction had been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.

Section 217 – Recall of witnesses when charge altered

Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed –

to recall or re – summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re – examine such witness for the purpose of vexation or delay or for defeating the ends of justice;
also to call any further witness whom the Court may think to be material.

Section 218 – Separate charges for distinct offences

For every distinct offence of which any person is accused there shall be a separate charge and every such charge shall be tried separately: Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby the Magistrate may try together all or any number of the charges framed against such person.
Nothing in Sub – Section (1) shall affect the operation of the provisions of sections 219, 220, 221 and 223.

Illustration

A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.

Section 219 – Three offences of same kind within year may be charged together

When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.
Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860) or of any special or local laws: Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.

Section 220 – Trial for more than one offence

If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence.
When a person charged with one or more offences of criminal breach of trust or dishonest misappropriation of properly as provided in Sub – Section (2) of section 212 or in Sub – Section (1) of section 219, is accused of committing, for the purpose of facilitating or concealing the commission of that offence or those offences, one or more offences of falsification of accounts, he may be charged with, and tried at one trial for, every such offence.
If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for, each of such offences.
If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, or such acts.
Nothing contained in this section shall affect section 71 of the Indian Penal Code (45 of 1860).

Illustrations to Sub – Section (1)

A rescues B a person in lawful custody, and in so doing causes grievous hurt to C, a constable, in whose custody B was, A may be charged with, and convicted of, offences under sections 225 and 333 of the Indian Penal Code (45 of 1860).
A commits house – breaking by day with intent to commit adultery, and commits in the house so entered, adultery with B’s wife. A may be separately charged with, and convicted of, offences under sections 454 and 497 of the Indian Penal Code (45 of 1860).
A entices B, the wife of C, away form C, with intent to commit adultery with B, and then commits adultery with her. A may be separately charged with, and convicted of, offences under sections 498 and 497 of the Indian Penal Code (45 of 1860).
A has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of committing several forgeries punishable under section 466 of the Indian Penal Code (45 of 1860). A may be separately charged with, and convicted of, the possession of each seal under section 473 of the Indian Penal Code (45 of 1860).
With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such proceeding, and also falsely accuses B of having committed an offence, knowing that there is no just or lawful ground for such charge. A may be separately charged with, and convicted of, two offences under section 211 of the Indian Penal Code (45 of 1860).
A with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. On the trial, A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. A may be separately charged with and convicted of, offences under sections 211 and 194 of the Indian Penal Code (45 of 1860).
A with six others, commits the offences, of rioting, grievous hurt and assaulting a public servant endeavouring in the discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences under sections 147, 325 and 152 of the Indian Penal Code (45 of 1860).
A threatens B, C and D at the same time with injury to their persons with intent to cause alarm to them. A may be separately charged with, and convicted of, each of the three offences under section 506 of the Indian Penal Code (45 of 1860). The separate charges referred to in illustrations (a) to (h) respectively, may be tried at the same time.

Illustrations to Sub – Section (3)

A wrongfully strikes B with a cane. A may be separately charged with and convicted of, offences under sections 352 and 323 of the Indian Penal Code (45 of 1860).
Several stolen sacks of corn are made over to A and B, who knew they arc stolen property, for the purpose of concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain – pit. A and B may be separately charged with and convicted of, offences under sections 411 and 414 of the Indian Penal Code (45 of 1860).
A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of such exposure. A may be separately charged with and convicted of, offences under sections 317 and 304 of the Indian Penal Code (45 of 1860).
A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant of an offence under section 167 of the Indian Penal Code. A may be separately charged with and convicted of, offences under sections 471 (read with section 466) and 196 of that Code (45 of 1860).

Illustrations to Sub – Section (4)

A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged, with and convicted of offences under sections 323, 392 and 394 of the Indian Penal Code (45 of 1860).

Section 221 – Where it is doubtful what offence has been committed

If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences.
If in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of Sub – Section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it.
A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property or criminal breach of trust or cheating.
In the case mentioned, A is only charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be) though he was not charged with such offence.
A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence, although it cannot to be proved which of these contradictory statements was false.

Section 222 – When offence proved included in offence charged

When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it.
When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may he convicted of the minor offence, although he is not charged with it.
When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged.
Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.
A is charged under section 407 of the Indian Penal Code (45 of 1860) with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under section 406 of that Code in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said section 406.
A is charged under section 325 of the Indian Penal Code (45 of 1860), with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 335 of that Code.

Section 223 – What persons may be charged jointly

The following persons may be charged and tried together, namely –

persons accused of the same offence committed in the course of the same transaction;
persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence;
persons accused of more than one offence of the same kind, within the meaning of section 219 committed by them jointly within the period of twelve months;
persons accused of different offences committed in the course of the same transaction;
persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first – named persons, or of abetment of or attempting to commit any such last – named offence;
persons accused of offences under sections 411 and 414 of the Indian Penal Code (45 of 1860) or either of those sections in respect of stolen property the possession of which has been transferred by one offence;
persons accused of any offence under Chapter XII of the Indian Penal Code (45 of 1860) relating to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges: Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the Magistrate or Court of Sessions may, if such persons by an application in writing, so desire, and if he is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together.

Section 224 – Withdrawal of remaining charges on conviction on one of several charges

Important Central Acts in Regional Languages

Legislative department website also features regional language versions of several important Central Acts.

Code of Criminal Procedure CRPC Chapter 20 Trial of Summons Cases by Magistrates Bare Act

Code of Civil Procedure CPC Chapter 00 Preliminary Bare Act

Code of Civil Procedure CPC 00 Preliminary

Code of Civil Procedure CPC Chapter 01 Suits In General Bare Act

Code of Civil Procedure CPC 01 Suits In General

Code of Civil Procedure CPC Chapter 08 Reference Review and Revision Bare Act

Code of Civil Procedure CPC 08 Reference, Review and Revision

Code of Civil Procedure CPC Chapter 09 Special Provisions Relating To The High Courts Bare Act

Code of Civil Procedure CPC 09 Special Provisions Relating To The High Courts

Code of Civil Procedure CPC Chapter 10 Rules Bare Act

Code of Civil Procedure CPC 10 Rules

Code of Civil Procedure CPC Chapter 11 Miscellaneous Bare Act

Code of Civil Procedure CPC 11 Miscellaneous

Code of Criminal Procedure CRPC Chapter 01 Preamble and Preliminary Bare Act

Code of Criminal Procedure CRPC 01 Preamble and Preliminary

Code of Criminal Procedure CRPC Chapter 02 Constitution of Criminal Courts and Offices Bare Act

Code of Criminal Procedure CRPC 02 Constitution of Criminal Courts and Offices

Code of Criminal Procedure CRPC Chapter 03 Power of Courts Bare Act

Code of Criminal Procedure CRPC 03 Power of Courts

Code of Civil Procedure CPC Appendices

Uncategorized

DIFFERENT TYPES OF TRIALS UNDER THE CODE OF CRIMINAL PROCEDURE (CRPC)

INTRODUCTION The Code of Criminal Procedure (CrPC) provides for the procedural framework for the conduct of criminal trials. The CrPC categorizes trials into different types, each with its own set of procedures and provisions. The three main types of trials under the CrPC are Sessions Trial, Summons Trial, and Summary Trial. Each type of trial serves a specific purpose and is governed by distinct legal provisions. This article aims to present trial under Crpc.

TYPES OF TRIAL UNDER CRPC

Session Trial under Crpc

A Sessions Trial is conducted before a Sessions Court, which is presided over by a Sessions Judge. This type of trial is used for serious offenses, such as murder, rape, and dacoity, where the punishment may be imprisonment for a term exceeding seven years. The CrPC provides detailed provisions for the conduct of Sessions Trials under Sections 225 to 237 .

Provisions under CrPC for Sessions Trial:

Section 225: Commencement of the trial – The trial in a Sessions Court commences with the framing of charges against the accused.
Section 226: Examination of witnesses – The prosecution and defense has the opportunity to examine and cross-examine witnesses during the trial.
Section 227: Discharge – The Sessions Court has the power to discharge the accused if it finds that there is no sufficient ground for proceeding against them.
Section 228: Framing of charges – If the accused is not discharged, charges are framed against them.
Section 229: Conviction on plea of guilty – If the accused pleads guilty, the Sessions Court may convict them based on their plea.
Section 230: Date for Prosecution evidence- If the accused is not taken the plea, he is the Court proceeds with recording prosecution evidence.
Section 234: Arguments- Arguments are presented before the Court.
Section 235 : Judgment of acquittal or conviction- At the conclusion of trial, the Sessions Court provides the judgment of acquittal or conviction.
Warrant Trial under Crpc-

A warrant trial under the Code of Criminal Procedure (CrPC) has been mentioned under chapter 19 of the Crpc . Warrant trials can be instituted in two ways:

Warrant trial instituted on a police report : In cases where the police have completed their investigation and submitted a report to the court, and the court finds that there is sufficient evidence to proceed with the trial, it may issue a warrant for the arrest of the accused and conduct the trial in their absence.
Warrant trial instituted on a complaint: In cases where a private individual or entity files a complaint with the court, and the court takes cognizance of the offence based on the complaint, it may issue a warrant for the arrest of the accused if they fail to appear before the court, and proceed with the trial in their absence.

Provisions for warrant trial under the Crpc

The provisions from Section 238 to Section 250 of the Code of Criminal Procedure (CrPC) deal with the procedure for the trial of warrant cases by Magistrates.

Section 238: Supply of documents to the accused: The magistrate shall ensure that accused has been supplied with the documents mentioned under Section 207.
Section 239: When Accused Shall Be Discharged: This section provides for the discharge of the accused if, upon taking all the evidence, the Magistrate considers that there is no sufficient ground for proceeding against the accused. The Magistrate may then discharge the accused and record reasons for doing so.
Section 240: Framing of Charge: This section outlines the procedure for framing charges against the accused. It states that if, after taking all the evidence, the Magistrate is of the opinion that there is ground for presuming that the accused has committed an offense triable under this chapter, they shall frame a charge against the accused.
Section 241: Conviction on Plea of Guilty : This section deals with cases where the accused pleads guilty. It states that if the accused pleads guilty, the Magistrate may convict them based on their plea and record the conviction.
Section 242: Evidence for Prosecution: This section deals with the examination of witnesses for the prosecution. It states that when the accused pleads not guilty, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.
Section 243: Evidence for Defense: This section deals with the examination of witnesses for the defense. It states that after the prosecution has closed its evidence, the accused may enter upon his defense, produce evidence in support thereof, and examine any witnesses.
Section 244 to 247 : Procedure for cases instituted otherwise than as Police Report.
Section 248: Acquittal or Conviction: Based upon the evidences, the Court shall pass an order of conviction or acquittal accordingly.
Summon Trial under Crpc

A Summons Trial is conducted for offenses punishable with imprisonment for a term not exceeding two years. The trial takes place before a Magistrate, who issues summons to the accused to appear before the court. Provisions for Summons Trials are outlined in Sections 251 to 259 of the CrPC.

Provisions under CrPC for Summons Trial:

Section 251: Examination of the accused – The Magistrate examines the accused and records their statement and asks whether he pleads guilty.
Section 252: Conviction on plea of guilty – If the accused pleads guilty, the Magistrate may convict them based on their plea.
Section 253: Conviction on plea of guilty in absence of accused in petty cases
Section 254: Procedure when not convicted- Hearing of case and production of evidences.
Section 255: Acquittal or conviction- Based upon the evidences, the trial court may pass the order of acquittal or conviction.

Conclusion The Code of Criminal Procedure (CrPC) provides for different types of trials, each tailored to suit specific categories of offenses and punishments. Each type of trial has its own set of provisions and procedures under the CrPC, ensuring fair and efficient administration of justice in criminal matters.

Understanding these different types of trials and their corresponding provisions under the CrPC is crucial for judicial aspirants.

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Joinder of Charges Under Crpc Section (218 – 223)

Contents of Article

What is joinder of Charges?

Sec 218 of CrPC .
Sec 219 of CrPC .
Sec 220 of CrPC .
Sec 221 of CrPC.
Sec 223 of CrPC .
Sec 218 of CrPC of the Code says that for each unmistakable offense of which any individual is denounced there will be a different charge and each such charge will be attempted independently.
The object of b is to spare the blamed from being humiliated with all due respect if particular offenses are lumped together in one charge or in discrete charges and are attempted together.
Another explanation is that it may be hard for the court giving him a shot one of the charges not to be affected by the proof against him on different charges.
Sec 218 of CrPC further expresses that if the denounced individual, by an application recorded as a hard copy, so wants and the Magistrate is of feeling that such individual isn’t probably going to be biased consequently, the Magistrate may attempt together all or quite a few the charges outlined against such individual.
The exacting recognition of Section 218 (1) of CrPC may prompt assortment of preliminary, accordingly exemptions have been given in various arrangements of CrPC.
There are some special cases to sec 218 of CrPC which manages joinder of charges :

SPECIAL CASES

Special case 1.

Three offenses of same kind inside year might be charged together.
Sec 219 of CrPC states that when an individual is blamed for additional offenses than one of a similar kind submitted inside the space of a year from the first to the remainder of such offenses, if in regard of a similar individual, he might be accused of, and attempted at one preliminary for quite a few those not surpassing three.

Special case 2

Offenses submitted in course of same exchange can be charged at one preliminary.
Sec 220 (1) of CrPC expresses that if, in one arrangement of acts so associated together as to shape a similar exchange, a larger number of offenses than one is submitted by a similar individual, he might be accused of, and attempted at one preliminary for, each such offense.
In Sec 220 of CrPC the word ‘exchange’ signifies a gathering of realities so associated together as to include certain thoughts, viz., solidarity, progression and association.

Special case 3

Offenses of criminal penetrate of trust or deceptive misappropriation of property and their friend offenses of distortion of records to be attempted at one preliminary.
Numerous multiple times the offenses of criminal penetrate of trust or deceptive misappropriation of property is went with the offense of distortion of records, the last offense is being carried out to disguise the commission of the previous offense.
So sec 220 (2) of CrPC empowers to have these offenses attempted at one preliminary.

Special case 4

Same act falling under various meanings of offenses, such offenses might be attempted at one preliminary:
Sec 220 (3) of CrPC gives that if the demonstrations claimed comprise an offense falling inside at least two separate meanings of any law in power for the present by which offenses are characterized or rebuffed, the individual blamed for them might be accused of, and attempted at one preliminary for, every one of such offenses.

Special case 5

Acts framing an offense, additionally comprising various offenses when taken independently or in gatherings, all such offenses to be attempted at one preliminary:
Sec 220 (4) of CrPC gives that if a few demonstrations, of which at least one than one would without anyone else or themselves establish an offense, likewise when the demonstration is joined with this offense adds up to various offense, the individual blamed for them might be accused of, and attempted at one preliminary.

Special case 6

Where it is suspicious what offense has been submitted:
Sec 221 of CrPC accommodates the circumstance where the wide realities concerning an offense are set up by proof, not all the occurrences and conditions are known.
The simple exclusion to outline a charge or a simple imperfection in the charge is no ground for putting aside a conviction.

Special case 7

Certain people might be charged together:
The accompanying people might be charged and attempted together, in particular:
people blamed for a similar offense submitted throughout a similar exchange;
people blamed for an offense and people blamed for abetment of, or endeavour to submit, such offense;
people blamed for more than one offense of a similar kind, inside the significance of sec 219 of CrPC submitted by them together inside the time of a year;
people blamed for various offenses submitted over the span of a similar exchange;
people blamed for an offense which incorporates burglary, blackmail, cheating , or criminal misappropriation, and people blamed for getting or holding, or aiding the removal or covering of, property ownership of which is affirmed to have been moved by any such offense carried out by the first-named people, or of abetment of or endeavouring to perpetrate any such offense;
People blamed for offenses under sec 411 of CrPC (Dishonestly accepting taken property) and 414 (Assisting in covering of taken property) of the IPC or both of those segments in regard of taken property the ownership of which has been moved by one offense.
people blamed for any offense under Chapter XII of the IPC identifying with fake coin and people blamed for some other offense under the said Chapter identifying with a similar coin, or of abetment of or endeavouring to submit any such offense.
It additionally expresses that, where number of people charged, which don’t fall under the above classifications, makes an application to attempted together. Here the Magistrate can continue with the joint preliminary, on the off chance that he feels that it would not preferentially influence the preliminary.

Book Recommendation for CrPC

Criminal Procedure – R.V. Kelkar’s Criminal Procedure ( Topic wise explanation)
The Code of Criminal Procedure- Ratanlal and Dhirajlal (Section- wise)

What is the procedure of Investigation under CrPC?

Table of Contents

Introduction –

Investigation under the Code of Criminal Procedure (CrPC) in India is the foundational stage of the criminal justice system, where the process of unraveling alleged crimes begins. It serves as the critical bridge between a reported offense and the subsequent legal proceedings.

The CrPC lays down the comprehensive framework that guides law enforcement agencies in conducting thorough, impartial, and lawful investigations. This stage is integral to upholding the principles of justice, as it is where evidence is collected, witnesses are interviewed, and the basis for legal action is established.

The investigation process is defined by a delicate balance, where the pursuit of justice and the protection of individual rights are paramount. The CrPC incorporates safeguards to ensure that the accused are treated fairly and that their fundamental rights are respected throughout the investigative process.

It is within this framework that law enforcement authorities carry out their duties to uncover the truth, uphold the rule of law, and protect society from criminal activity. In this intricate dance of justice, the investigation under CrPC serves as the initial step, setting the stage for the subsequent legal proceedings that determine the fate of those accused of wrongdoing.

What is the procedure of investigation under CrPC?

The procedure of investigation under the Code of Criminal Procedure (CrPC) in India is a crucial part of the criminal justice system. It outlines the steps and processes that law enforcement agencies follow when a crime is reported. Here’s a brief overview of the typical procedure of investigation under CrPC:

The investigation usually begins with the lodging of an FIR by the victim or a witness at a police station.
The FIR should contain essential details about the alleged offense, including the date, time, place, and the names of the persons involved.
The police officer in charge of the police station (usually the Station House Officer or SHO) records the statements of the complainant and witnesses.
If necessary, the police may also record statements of the accused.
The police visit the scene of the crime to gather evidence and gather information about the crime.
This includes collecting physical evidence such as weapons, fingerprints, photographs, and other relevant items.
Witness statements and any other pertinent documents are also collected.
If there are accused individuals, they may be questioned to gather information about their involvement in the alleged crime.
If the offense involves bodily harm or sexual assault, the victim and accused may undergo medical examinations to collect medical evidence.
If evidence suggests the involvement of a suspect, the police may arrest the person according to the procedures outlined in CrPC.
The police may obtain search warrants from a magistrate to search for and seize relevant evidence.
Any collected evidence is sent for forensic analysis, such as fingerprint analysis, DNA testing, ballistics examination, etc.
If the accused provides a statement or confession, it should be recorded in the manner prescribed by CrPC, ensuring that it’s voluntary and not obtained through coercion.
If the investigation reveals sufficient evidence, the police file a chargesheet (also known as a charge sheet or final report) in court, which contains details of the crime and evidence.
The court examines the chargesheet and may issue summons or warrants to the accused based on the information provided.
The case proceeds to trial, where the prosecution presents evidence and witnesses, and the accused has the opportunity to defend themselves.
After the trial, the court delivers a verdict, which can result in acquittal or conviction.
Either party (the prosecution or the accused) can file an appeal in a higher court if they are dissatisfied with the trial court’s verdict.

It’s important to note that the exact procedures may vary depending on the nature of the offense, the location, and specific legal requirements. The CrPC provides a structured framework for conducting criminal investigations and trials in India. It ensures that investigations are carried out fairly, and the rights of the accused are protected throughout the process.

What is the Cognizable & Non Cognizable offence regarding Investigation?

In the context of criminal law, offenses are categorized into two main types: cognizable offenses and non-cognizable offenses. These categories determine how law enforcement authorities, such as the police, handle and investigate the offenses.

Cognizable Offense :

Definition : A cognizable offense is a more serious crime, typically involving grave matters like murder, rape, robbery, and other major criminal activities. These offenses are of a severe nature and often result in the arrest of the accused without the need for a warrant.
Police Powers : In the case of cognizable offenses, the police have the authority to register a First Information Report (FIR) without requiring a court order or a complaint from the victim. They can also investigate, arrest, and interrogate the accused without a warrant.
Private Complaints : For cognizable offenses, a private individual (complainant) or the police can file a complaint, and the police can initiate the investigation based on this complaint.
Examples : Murder, rape, robbery, kidnapping, dowry death, and human trafficking are examples of cognizable offenses.

Non-Cognizable Offense :

Definition : Non-cognizable offenses are generally less severe crimes, often involving minor infractions or personal disputes. These offenses are considered less serious in nature.
Police Powers : In the case of non-cognizable offenses, the police cannot register an FIR or arrest the accused without the permission of the court. Instead, the complainant must file a formal complaint with the court.
Court’s Role : The court reviews the complaint and decides whether to initiate the legal process, including registering the FIR, conducting an investigation, or issuing an arrest warrant.
Examples : Non-cognizable offenses include offenses like simple assault, defamation, minor property damage, and certain cases of cheating.

It’s important to note that while these categories help classify offenses for legal and investigative purposes, the severity and classification of a crime can vary from one jurisdiction to another. Additionally, some offenses may have both cognizable and non-cognizable aspects, depending on the specific circumstances and the applicable laws in a particular region or country.

What is the role of technology in Investigation under CRPC?

Technology plays an increasingly pivotal role in the investigation process under the Code of Criminal Procedure (CrPC) in India, enhancing the efficiency, accuracy, and transparency of investigations. The integration of technology has brought about several significant advancements, revolutionizing the way law enforcement agencies gather, process, and analyze evidence. Here are some key aspects of the role of technology in investigation under CrPC:

Digital Evidence : Technology has made it easier to collect and analyze digital evidence, such as emails, social media posts, and electronic communication records. This is especially critical in cases involving cybercrimes, financial fraud, and online harassment.
CCTV Footage : Surveillance cameras and closed-circuit television (CCTV) systems have become ubiquitous, providing valuable visual evidence in criminal investigations, including thefts, assaults, and other crimes.
Forensic Tools : Digital forensics tools and techniques help investigators recover and examine data from electronic devices like computers and smartphones. This is essential for cases involving data theft, hacking, or cybercrimes.
Fingerprint and Facial Recognition : Biometric technology, such as fingerprint and facial recognition, aids in identifying suspects and matching individuals to criminal records. It is used in various cases, including identifying missing persons or verifying the identity of suspects.
DNA Analysis : DNA profiling technology has greatly improved the accuracy and speed of identifying suspects and solving crimes, including sexual assault cases and cold cases.
Data Management and Analysis : Technology facilitates the storage, management, and analysis of vast amounts of data related to investigations, making it easier for law enforcement agencies to connect the dots and identify patterns in criminal activities.
Data Sharing and Collaboration : Technology enables the sharing of investigative data and evidence among law enforcement agencies and across jurisdictions, enhancing coordination in complex cases.
Video and Audio Analysis : Advanced software tools assist in analyzing video and audio recordings, helping investigators enhance the quality of evidence and extract valuable information.
Geospatial Technology : Geographic Information System (GIS) and geospatial technology help in mapping crime patterns, tracking suspect movements, and analyzing crime scene data.
Online Databases : Databases like criminal records, fingerprints, and DNA profiles are maintained and accessed electronically, streamlining the process of verifying identities and tracking criminal histories.
Artificial Intelligence and Machine Learning : These technologies can assist in predicting crime patterns, analyzing data, and improving investigative efficiency. They have applications in predictive policing and criminal profiling.
Digital Case Management : Law enforcement agencies are adopting digital case management systems to streamline administrative tasks, document management, and evidence tracking.

While technology has significantly improved the investigative process, it also raises concerns related to privacy, data security, and the potential for misuse. Ensuring that law enforcement agencies use technology ethically and responsibly is crucial to maintaining the balance between effective crime-solving and protecting civil liberties. As technology continues to advance, it will likely play an even more substantial role in future investigations under CrPC.

What is the provision of Investigation outside India under CRPC?

The Code of Criminal Procedure (CrPC) in India primarily governs the investigation, prosecution, and trial of criminal offenses within the territory of India. However, the CrPC also includes provisions that allow for cooperation with foreign countries in certain situations, particularly when it comes to the investigation of crimes that have transnational implications. These provisions are outlined in Sections 166A to 166S of the CrPC.

Here are some key provisions regarding the investigation outside India under the CrPC:

This section defines several terms related to international cooperation in criminal matters, including “extradition,” “extradition offence,” “foreign state,” and “treaty.”
This section deals with the extradition of individuals to foreign countries. It outlines the process for requesting the extradition of a person who is wanted for prosecution or the execution of a sentence in a foreign state.
This section specifies the information required for a valid extradition request, including details about the offense, evidence, and identity of the individual sought.
This section outlines the procedure for submitting an extradition request, including the role of the Central Government in processing and forwarding such requests to the concerned court.
This section deals with the court’s authority to order the surrender of the accused person to the foreign state upon fulfilling the necessary legal requirements.
This section specifies the procedures and powers of the court when considering an extradition request, including the examination of evidence, the legality of the request, and the rights of the accused.
This section pertains to cases where a person is accused of an offense or has been convicted in a foreign state and seeks extradition from India or vice versa.
This section addresses the custody and bail of the accused during extradition proceedings.
The provision allows for appeals to a higher court in extradition cases.
This section outlines the general principle that Indian nationals may not be extradited.
In cases where the extradition request pertains to multiple offenses, this section addresses the trial for offenses not covered by the extradition request.
This section designates the Central Government as the central authority for dealing with extradition matters.
The CrPC recognizes the importance of extradition treaties with foreign countries, allowing for the implementation of extradition arrangements.

These provisions are designed to facilitate cooperation in international criminal matters, including the extradition of individuals involved in transnational crimes. The exact process and requirements for extradition may vary depending on the specific treaty obligations between India and the foreign state in question.

What are the key features of Investigation under CRPC?

The Code of Criminal Procedure (CrPC) in India outlines several key features of the investigation process. These features are crucial to ensure a fair and transparent investigation. Here are some of the key features of the investigation under CrPC:

Fair and Impartial : Investigations must be fair, impartial, and free from any bias or prejudice. The police are obligated to act without discrimination and treat all parties equally.
FIR Registration : The investigation generally commences with the registration of a First Information Report (FIR) when a cognizable offense is reported. The FIR is a detailed account of the alleged crime, including essential information.
Preservation of Crime Scene : The police must take immediate steps to preserve the crime scene, prevent contamination, and safeguard any evidence.
Recording of Statements : The law enforcement officer in charge of the police station must record the statements of the complainant, witnesses, and the accused, if applicable.
Search and Seizure : The police may conduct searches and seizures of relevant places and articles with proper authorization from a magistrate, including search warrants and arrest warrants.
Medical Examination : In cases involving bodily harm or sexual assault, the police must ensure that the victim undergoes a medical examination, and the accused may also be examined as necessary.
Interrogation and Arrest : Suspects may be interrogated, but it must be conducted in accordance with the law and with respect for the suspect’s rights. Arrests should be made following due process and based on reasonable grounds.
Forensic Examination : Physical and forensic evidence collected during the investigation should be sent for analysis to relevant forensic labs.
Witness Protection : Adequate steps must be taken to protect the identity and safety of witnesses, especially in cases where their testimony may put them at risk.
Right to Legal Representation : The accused has the right to legal representation, and the police should inform them of this right. If the accused cannot afford legal counsel, the state may provide one.
Recording of Confessions and Statements : Any statements or confessions obtained from the accused must be recorded in a prescribed manner, ensuring that they are voluntary and not obtained through coercion.
Chargesheet : Once the investigation is complete and there is sufficient evidence, the police file a chargesheet in court, providing details of the alleged offense and the evidence collected.
Magisterial Oversight : A magistrate exercises supervision over the investigation process, ensuring that the police act within the boundaries of the law and do not violate the rights of the accused.
Public Prosecutor’s Role : The Public Prosecutor represents the state in court, presenting the case during the trial phase and ensuring that the accused’s rights are protected.
Right to Fair Trial : The accused is entitled to a fair trial, where they have the opportunity to present a defense, cross-examine witnesses, and be heard.
Appeal Process : Either party can file an appeal in a higher court if dissatisfied with the trial court’s verdict, which ensures that justice can be further reviewed.

These key features are designed to safeguard the rights of all parties involved in the criminal investigation process, maintain the rule of law, and ensure that justice is served fairly and transparently.

What is the Supreme Court views on Investigation under CRPC?

The Supreme Court of India has provided several important guidelines and views regarding investigations under the Code of Criminal Procedure (CrPC) to ensure fair and just investigative processes. These views are based on interpreting the law and upholding the principles of justice. Some notable views of the Supreme Court on investigations under CrPC include:

FIR Registration : The Supreme Court has emphasized the importance of promptly registering an FIR when a cognizable offense is reported. It has held that the police must not refuse to register an FIR if a complaint discloses a cognizable offense.
Fair and Unbiased Investigation : The Supreme Court has stressed the need for investigations to be conducted fairly, impartially, and without any bias or prejudice. It has held that investigators should not be influenced by extraneous considerations and should act in accordance with the law.
Human Rights and Dignity : The Supreme Court has recognized the importance of upholding the human rights and dignity of individuals during investigations. It has prohibited the use of third-degree methods, torture, or cruel treatment of suspects or accused individuals.
Right to Legal Representation : The Supreme Court has affirmed the right of the accused to legal representation during the investigation process. It has held that the police should inform the accused of their right to legal counsel and provide them with an opportunity to consult with an advocate.
Recording of Statements and Confessions : The Supreme Court has laid down specific guidelines for the recording of statements and confessions. It has stressed the need for transparency and the use of video recording to ensure that statements and confessions are not obtained under duress.
Magisterial Oversight : The Supreme Court has highlighted the importance of magisterial oversight of investigations. Magistrates play a crucial role in ensuring that the investigative process adheres to legal procedures and respects the rights of the accused.
Protection of Witnesses : The Supreme Court has recognized the need to protect witnesses, especially in cases where their safety may be at risk. It has directed the establishment of witness protection programs to ensure their safety.
Forensic Evidence : The Supreme Court has emphasized the importance of collecting and preserving physical and forensic evidence properly to ensure its admissibility in court.
Right to a Fair Trial : The Supreme Court has consistently upheld the right of the accused to a fair trial. It has stressed the importance of ensuring that the accused has the opportunity to present a defense, cross-examine witnesses, and be heard.
Public Prosecutor’s Role : The Supreme Court has underlined the role of the Public Prosecutor in representing the state in court and ensuring that the prosecution’s case is presented ethically and fairly.
Expedient Investigation : The Supreme Court has called for investigations to be conducted expeditiously, without undue delay, to ensure that justice is served promptly.

These views and guidelines issued by the Supreme Court are essential for upholding the rule of law, protecting the rights of individuals, and ensuring that investigations are conducted in a just and transparent manner under the provisions of the CrPC. They serve as a reference for law enforcement agencies, the judiciary, and legal practitioners in India.

What is the Supreme Court landmark Judgements regarding Investigation?

The Supreme Court of India has issued several landmark judgments over the years that have significantly impacted the procedures and guidelines for criminal investigations. Some of these landmark judgments are:

This case is a milestone in the protection of human rights during police custody. The Supreme Court issued guidelines to prevent custodial torture, deaths, and other forms of police abuse. The court mandated the presence of legal counsel during interrogations, regular medical check-ups of detainees, and the preparation of an arrest memo with a time and date stamp.
In this judgment, the Supreme Court reiterated the importance of adhering to the guidelines established in the D.K. Basu case. It emphasized the need to document and record every step of the arrest and detention process.
This judgment clarified that the police are required to register an FIR when they receive information about a cognizable offense. The court laid down a procedure for dealing with non-registration of FIRs, which helps ensure that no cognizable offense is ignored.
This landmark judgment recognized the rights of women prisoners and emphasized that women should not be subjected to degrading and inhuman treatment in police custody.
In this case, the Supreme Court established the “Bhajan Lal Test” to deal with cases of abuse of power by the police, including false or vexatious criminal proceedings. The test allows the High Courts to quash such proceedings to prevent abuse of the legal process.
The Supreme Court emphasized the importance of maintaining the chain of custody of evidence and ensuring the integrity of physical evidence during investigations.
In this case, the court clarified the law on confessions made to police officers. It held that a confession made to a police officer is not admissible in court, and a confession should only be made before a magistrate.
This judgment dealt with custodial deaths and held that the state is liable to compensate the family of the deceased when death occurs in police custody.

These landmark judgments have had a significant impact on the procedures and guidelines for investigations in India. They have helped protect the rights of individuals, prevent custodial abuse, and ensure that investigations are conducted in a fair and just manner, in line with constitutional principles and international human rights standards.

Critical Analysis of Investigation under CRPC?

A critical analysis of the investigation process under the Code of Criminal Procedure (CrPC) in India reveals both strengths and weaknesses. It’s essential to evaluate the system to identify areas where improvements can be made to ensure fairness, efficiency, and the protection of individual rights. Here is a critical analysis of investigation under CrPC:

Legal Framework : The CrPC provides a structured legal framework that guides the investigative process. It lays down clear procedures and safeguards to protect the rights of individuals.
Protections for Accused : The CrPC includes provisions that protect the rights of the accused, such as the right to legal representation, safeguards against self-incrimination, and the requirement for voluntary confessions.
Magisterial Oversight : The involvement of magistrates in the oversight of the investigation helps ensure that the police act within the boundaries of the law and respect the rights of the accused.
Right to a Fair Trial : The investigation process aims to gather evidence in a manner that enables the accused to have a fair trial, where they can present their defense and cross-examine witnesses.
Judicial Precedents : The Supreme Court’s landmark judgments have provided important guidelines to protect the rights of individuals during investigations, ensuring that human rights are upheld.

Weaknesses:

Delay : Investigations in India often suffer from significant delays, which can result in the accused spending extended periods in custody. Delay can lead to problems in the administration of justice.
Underfunding and Resources : Many police departments in India lack adequate funding and resources, impacting their ability to conduct thorough and efficient investigations.
Corruption and Misconduct : Instances of corruption and misconduct within law enforcement agencies can compromise the integrity of investigations and lead to miscarriages of justice.
Custodial Torture : Despite legal safeguards, instances of custodial torture and abuse still occur, indicating a gap between legal provisions and their implementation.
Inadequate Forensic Facilities : The availability and quality of forensic facilities can vary significantly across the country. This impacts the effectiveness of evidence collection and analysis.
Witness Intimidation : Witnesses, particularly in high-profile or sensitive cases, may face intimidation or threats, hindering the investigative process and the administration of justice.
Inconsistent Implementation : The implementation of investigation procedures can vary from one jurisdiction to another, leading to disparities in the quality and fairness of investigations.
Lack of Accountability : Instances of police misconduct or abuse of power sometimes go unpunished, leading to a lack of accountability within the law enforcement agencies.
Legal Reforms : The legal framework for investigations has seen significant amendments over time, but there is an ongoing need for further reforms to address emerging challenges and international standards.
Public Trust : Public trust in the investigation process can be eroded due to the perception of bias, inefficiency, or corruption in the law enforcement agencies.

In summary, while the Code of Criminal Procedure in India provides a solid legal foundation for the investigation process, there are significant challenges and shortcomings that need to be addressed. These include issues related to delay, resource constraints, corruption, and the need for consistent implementation of procedures. Strengthening the investigative process is essential to ensure that justice is not only done but is also seen to be done. This can be achieved through legal reforms, better training, improved resources, and a greater emphasis on accountability and transparency in the investigative process.

Conclusion –

Investigation under the Code of Criminal Procedure (CrPC) in India is a multifaceted and essential aspect of the criminal justice system. It is designed to balance the imperatives of justice and the protection of individual rights. The CrPC provides a comprehensive framework that guides law enforcement agencies through the process, ensuring that investigations are conducted fairly, transparently, and in accordance with established legal standards.

The involvement of magistrates, the oversight of the Supreme Court, and the clear guidelines for safeguarding the rights of the accused play a pivotal role in upholding the principles of justice. However, the investigation process is not without its challenges. Delays, resource constraints, corruption, and the persistent issue of custodial abuse remain areas of concern.

To enhance the efficiency and fairness of investigations, there is a continued need for reforms that address these shortcomings and align with international standards. In essence, the investigation process is a critical juncture where the law enforcement’s duty to maintain order and justice meets the imperative to protect individual rights, demanding constant vigilance and adaptation to meet the evolving demands of the criminal justice system.

Which offences are non-bailable in India?

IMAGES

Charge under Cr PC
Charges Under Cr PC notes
Charge
charge under crpc section 211 to 214 crpc chapter 17 explain by karan
Charge Under CRPC
Charge Sheet Under Crpc

COMMENTS

All you need to know about 'charge' under the Criminal Procedure Code
Charge. In simple terms, charge means informing the accused person of the grounds on which the accused is charged. A charge is defined under Section 2 (b) of the Criminal Procedure Code, 1973 which states, the charge includes any head of the charge when the charge contains more than one head. The case of V.C Shukla v.
CHARGE UNDER CrPC, 1973: All You Need to Know
The term "charge" is mentioned under section 2 [b] of the criminal procedure code, 1973. In simple words, it means on what grounds or rules the person is accused of violation of a crime. The idea of "charge" is to give clear information to the accused person that what is the nature of the crime he or she has committed.
PDF UNDER THE CODE OF CRIMINAL PROCEDURE, 1973)
paper presentation on the topic "charge " (under the code of criminal procedure, 1973) paper submitted by: suryawar manjula, addl.jcj/ajmfc, sircilla. table of contents i introduction ii legal provisions pertaining to "charge" under cr.p.c iii framing of charge and discharge of accused.
Basis & Purpose of Charge under Criminal Procedure Code
Under the Code of Criminal Procedure, an accused should be informed of the offence of which he is charged. The basic purpose of the charge is to let the accused know of the offence that he is charged with so that he can prepare his defence. The accused should be informed of the charge against him at the very beginning.
All about charge and omission under CrPC
The charge so framed will be deemed to be a charge of one offence applicable under Section 219 of the CrPC. In the case of Banamali Tripathy vs. King Emperor (1942) , the Patna High Court held that in cases where the exact date of commission of an offence is impossible to state, a period between two particular dates can be mentioned in the charge.
Overview of Charge (ALLEGATIONS) under CRPC
The charge is an essential step in a criminal proceeding. It isolates the inquiry stage from the trial. The charge is a first notice to accused of his offense; it should convey to him in sufficient clearness and certainty what the prosecution intends to prove and which case the accused is to meet. At the phase of framing charge, the court ...
CrPC : The Charge
Section 211 - Contents of charge. Every charge under this Code shall state the offence with which the accused is charged. If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only. If the law which creates the offence does not give it any specific name so much of the ...
THE CHARGE (SECTION 211-217)
THE CHARGE (SECTION 211-217) Introduction to 'Charge' under CrPC. Section 2 (b) of the Code of Criminal Procedure defines " Charge " broadly.Charge under Criminal Procedure Code means allowing multiple offenses committed together to be treated as one charge. It acknowledges that a single criminal act can result in various offenses, and these can be grouped into a single charge for ...
Charge under CrPC
22227. Every charge under the code of criminal procedure, 1973 shall state the offence with which the accused is charged. The motive behind a charge is precisely and succinctly to let know the accused individual, the issue for which he is being charged. It is necessary to pass on to the accused absolutely clearly and with certainty what the ...
What Is Charge and Its Contents Under CrPC?
What Is Charge Under CrPC? Charge refers to the formal accusation made against a person. It is defined under section 2 (b) of the CrPC. Charges are framed after the stage of investigation and inquiry and before trial. These are the foundations of the criminal trial or the disclosure of the commission of an offence.
Criminal Charge Under CrPC
This is the stage where a criminal case splits into various paths, and leads to different types of conclusions. In this article, we shall discuss criminal charge under CrPC. A charge is a written notice of the precise and specific accusation against the accused person which he is required to meet. It is the first notice to the person of the ...
CRPC2 Framing of Charges
The document discusses framing of charges under the Code of Criminal Procedure (CrPC). [1] It begins with acknowledging those who helped with the project. [2] It then introduces the meaning and purpose of framing charges, which is to give the accused clear notice of the offense to prepare a defense. [3] The document discusses the difference between a charge sheet and a trial, and examines when ...
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All about charge and omission under CrPC

Introduction

What is a charge

Contents of charge

An overview of Section 212 CrPC

An overview of Section 213 CrPC

An overview of Section 214 CrPC

Effect of error or omission under CrPc

Section 464- Effect of omission to frame, absence of, or error in charge

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CrPC Chapter 17

Illustrations

Section 212 – Particulars as to time, place and person

Section 213 – When manner of committing offence must be stated

Section 214 – Words in charge taken in sense of law under which offence is punishable

Section 215 – Effect of errors

Section 216 – Court may alter charge

Section 217 – Recall of witnesses when charge altered

Section 218 – Separate charges for distinct offences

Illustration

Section 219 – Three offences of same kind within year may be charged together

Section 220 – Trial for more than one offence

Illustrations to Sub-Section (1)

Illustrations to Sub-Section (3)

Illustrations to Sub-Section (4)

Section 221 – Where it is doubtful what offence has been committed

Section 222 – When offence proved included in offence charged

Section 223 – What persons may be charged jointly

Section 224 – Withdrawal of remaining charges on conviction on one of several charges

Written By Archana Singh

INHERENT POWER OF HIGH COURT (SECTION 482)

LIMITATIONS FOR TAKING COGNIZANCE OF OFFENSES (SECTIONS 467-473)

IRREGULAR PROCEEDINGS (SECTION 460-466)

DISPOSAL OF PROPERTY (SECTIONS 451-459)

BAIL (SECTION 436-439)

EXECUTION, SUSPENSION, REMISSION, AND COMMUTATION OF SENTENCES (SECTION 413-435)

Charge under CrPC

Nature and Purpose of charge

Essentials of Charge

Stating the Offence

Describing the offence by the name

Defining and understanding the offense

Mentioning the law and section of law

Substantive requirements of offense to be complied with

Charge’s language

Accused person’s previous convictions

Details of Time, Place and Person

Particulars of the way in which the offence was committed

Thing in respect of which offense is committed

Illustrations:

Type of cases where charges are framed:

Form under Second Schedule where charge falls:

Charges with One Head

Charges with Two or More Heads

Legal Provision of Charge:

Section 211 and 212:

Section 213

Section 214

Section 215

Section 216

Section 217

Joinder of Charges (Section 218-222)

Desire of accused

Three offences of same kind within one year:

Offences in course of same transaction:

Offences of criminal breach of trust or misappropriation of property connected with falsification of accounts:

Same act constituting different offences: