CRPC

INTRODUCTION:
Whenever a First Information Report (FIR) is lodged against anyone, the police have to submit a
police report[1] in the court. The court then frames the charge to inform the accused about the
allegations against him. The basic idea behind the framing of charges is to ensure that the person
gets a free and fair trial by informing him about the offence he has committed so that he can defend
himself in a court of law through his counsel. Framing of charges is an important exercise to give
the accused vital information about the offence. It also acts as a notice[2] to the accused person to
be present during the trial[3]. It is a form of opinion of the court to imply that it has taken into
consideration the report of the police and has presumed that the accused has committed the offence.
MEANING AND DEFINITION OF CHARGE AND CHARGES:
The Code of Criminal Procedure (CrPC), 1973, defines ‘Charge’ under Section 2(b) as “any head of
charge when the charge contains more heads than one.” The definition under this section defines
both ‘charge’ as well as ‘charges.’ A charge is a written notice of the precise and specific accusation
against him which an accused is required to meet. Charge is accusation made against person in
respect of the offence alleged to have been committed by him.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.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.
Charge shall give the accused full notice of the offence charged against him. The primary object of
framing of charge to tell the accused person precisely and concisely about what the
prosecution intends to prove against him. Framing of charge is vital part in a criminal trial.
A charge is simply an allegation raised by the court against a person who has been accused of an
offence. In other words, the charge is a legal word used to denote an allegation. Similarly, when an
allegation against a person consists of more than one, it is known as ‘Charges.’ For example, if we
take a situation where a person, A, has been alleged of a hit-and-run case by B, and an FIR has been
lodged against him. After the FIR has been lodged, the police will submit a report in the court
informing the court about the offence A has committed along with the investigation status. After
deliberating upon the matter, the court will frame charges of Rash Driving (under Section 279 of
the Indian Penal Code, 1860) and Culpable Homicide not amounting to Murder (under Section 299
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of the IPC) against A to initiate a trial. However, if A had been alleged of the offence of Rash
Driving only, the court would have framed a single charge against him.
.
Chapter XVII of the CrPC deals with ‘Charges.’ The topic of Charges has been divided into two
headings: (i) Forms of Charges (Section 211-217); and (ii) Joinder of Charges (Section 218-224.
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 refers to the court’s opinion that the accused has done a particular offence after
considering the police report and other documents and hearing both parties. It is a first step towards
initiating a trial against the accused[4]. Although the framing of charges is a necessary exercise
where the accused is informed about the allegations against him, it is not necessary to frame formal
charges in every case.
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.
Sec 211 - Contents and particulars of charge

- It must state the offence with which the accused is charged.
- The charge framed shall specify the exact offence name for which the accused is charged.
- In case there is no specific name given under any law for the offence with which the accused is
charged off, then the definition of the offence must be clearly stated so as to bring to
the knowledge of the accused the exact matter with which he has been charged.
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- The law and the section of the law against which the offence is said to be committed shall be
mentioned in the charge.
- The mere fact that a charge has been filed equates to a declaration that every legal
condition necessary by law to create the alleged offence has been met in this case.
- The charge must be written in the language of the court.
- If the accused has been previously convicted of any offence, then the fact, date and
place of previous conviction should be stated in the charge for enhanced punishment which the
court might pass if it finds the accused guilty of the offense charged.
Sec 212 - Particulars as to time place and person

The charge framed shall contain the particulars as to the time and place of the alleged offence and
the person against whom the offence is committed in order to give the accused precise
information and clear notice of the matter for which he is charged.
For example, in case of murder the date and time of murder and the details of the accused and
the deceased will be sufficient.
Sec 213 - When Mannar of committing offence must be stated
When the nature of the case is such that the particulars indicated in Section 211 and Section 212 do
not provide the accused with adequate notice of the allegation with which he is charged,
the charge shall contain such particulars of how the alleged offence is committed as would provide
for that purpose.
For example- A is accused of cheating B at a given time and place. The charge must set out the
manner in which A cheated B.
Sec 214 - Words in charge taken in sense of law under which offence is punishable
Sec 215 - Effect of Error- The idea behind these sections is to prevent the failure of justice where
there has been only technical breach of rules.
Framing of Charges under Section 228 of the CrPC
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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.
In both Summary Trials and Summons Cases, framing of formal charge is not necessary. While as in
Warrant cases and Trials before the Sessions Court require framing of charges in writing.
Conclusion
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.
CASE LAWS -
Court in its Motion v. Shankroo (1982): Himachal Pradesh High Court held that mere mentioning of
the section under which the accused is charged, without mentioning the substance of the charge
amounts to a serious breach of procedure.
Bhagabat Das v. The State of Orissa (1989): The Orissa High Court held that the insignificant
irregularities in stating the particulars of the offence in the charge will not affect the trial or its
outcome.
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CRPC

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INTRODUCTION:

MEANING AND DEFINITION OF CHARGE AND CHARGES:

Sec 211 - Contents and particulars of charge

Sec 212 - Particulars as to time place and person

Sec 213 - When Mannar of committing offence must be stated

Framing of Charges under Section 228 of the CrPC

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