Charge: By: Hifajatali Sayyed
Charge: By: Hifajatali Sayyed
Charge: By: Hifajatali Sayyed
• In this case, the Court stated 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.
• At the stage of framing charge the Court has to apply its mind to
the question whether or not there is any ground for presuming
the commission of the offence by the accused. As framing of charge
affects a person's liberty substantially, need for proper consideration of
material warranting such order should be emphasized.
Contents of Charge
• There is no particular definition of charge but section 2 (b) of CrPC
states that ―charge includes any head of charge when the charge contains
more heads than one.
• The contents of charge are given u/s 211 of CrPC.
• Sec 211 (1) states that every charge under this Code shall state the
offence with which the accused is charged.
• Sec 211 (2) states that if the law which creates the offence gives it
any specific name, the offence may be described in the charge by that
name only.
• Eg: A is accused of murder. The charge may state that A committed
murder without reference to the definition of that crime under
IPC.
Contents of Charge
• Sec 211 (3) states that 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.
• Eg: A is charged u/s 184 of IPC with intentionally obstructing a
sale of property offered for sale by the lawful authority of public
servant. The charge should state that A committed the offence of
Obstructing sale of property offered for sale by authority
of public servant u/s 184 of IPC.
Contents of Charge
• Sec 211 (4) states that the law and section of the law against
which the offence is said to have been committed shall be mentioned
in the charge.
• Eg: A is charged for the offence of Resistance or obstruction to
lawful apprehension of another person. The charge may state
that A committed Resistance or obstruction to lawful apprehension
of another person under section 225 of Indian Penal Code.
Contents of Charge
• Sec 211 (5) states that 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.
• Eg: 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 section 300 of the Indian Penal Code; 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 (Grave and sudden provocation), then
one of the three provisos to that exception applied to it.
Contents of Charge
• Sec 211 (6) states that the charge shall be written in the language
of the Court. Sec 272 empowers the State Government to determine
the language of each court within the State other than the High Court.
Eg: Charges with One Head:
And I hereby direct that you be tried by this Court on the said charge.
And I hereby direct that you be tried by the said Court on the said charge.
(Signature and seal of the Magistrate)
Contents of Charge
• Sec 211 (7) deals with charges for offences liable for
enhanced punishment by reason of previous conviction.
• It states that if the accused, having been previously convicted of
any offence, by reason of such previous conviction, is liable
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.
Contents of Charge
• The purpose of Sec 211 (7) is to inform the accused adequately
about the allegations regarding previous convictions which
would expose him to enhance punishment if found guilty of
offence charged.
• Eg: Sec 354-D of IPC states that whoever commits the offence of
stalking shall be punished on first conviction with imprisonment
of either description for a term which may extend to three years,
and shall also be liable to fine; and be punished on a second or
subsequent conviction, with imprisonment of either
description for a term which may extend to five years, and
shall also be liable to fine.
Contents of Charge
• This rule is more often invoked when the prosecution desires to
bring the case u/s 75 of IPC for enhanced punishment.
• Sec 75 of IPC provides that if someone has been convicted for
such an offence under Chapters XII (Offences relating to coin
and Government stamps) and XVII (Offences against property) of
the Indian Penal Code which is punishable with imprisonment of
three years or more, and again commits such an offence under
either of these chapters which is punishable with imprisonment of
three years or more, for the second offence he shall be subject
to imprisonment for life or imprisonment up to 10 years.
• This provision is enacted to deal with habitual offenders.
Contents of Charge
Eg: Charges For Theft After Previous Conviction:
• I, Mr. ____, Judicial Magistrate First Class, Kukatpally, hereby charge you
Mr. ____as follows:
That you, on or about the ……day of….., at …….., committed theft, and thereby
committed an offence punishable under section 379 of the Indian Penal Code, and
within the cognizance of this Court. And you, the said Mr. ___, stand further
charged that you, before the committing of the said offence, that is to say,
on the day of ……….., had been convicted by the Judicial Magistrate First
Class, Rajendranagar of an offence punishable under Chapter XVII of the Indian
Penal Code with imprisonment for a term of three years, that is to say,
the offence of house-breaking by night (sec 456), and that you are thereby
liable to enhanced punishment under section 75 of the Indian Penal Code.
And I hereby direct that you be tried.
Particulars as to Time, Place and Person
Sec 212 of CrPC specifies about mentioning of particulars as to
time, place and person:
• It states that the charge shall contain such particulars as to the
time and place of the alleged offence, and the person against
whom, or the thing in respect of which, it was committed, as are
reasonably sufficient to give the accused notice of the matter
with which he is charged.
• This rule is to an extent relaxed in a case of criminal breach
of trust or of dishonest misappropriation.
Particulars as to Time, Place and Person
Sec 212 of CrPC specifies about mentioning of particulars as to
time, place and person:
• When the accused is charged with criminal breach of trust or
dishonest misappropriation of money or other movable
property, it shall be sufficient to specify the gross sum or, as
the case may be, describe 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.
• This rule is applicable only in case of criminal breach of trust or
dishonest misappropriation.
Manner of committing offence
Sec 213 of CrPC talks about; when manner of committing offence
must be stated in the charge:
• 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 in which the alleged offence was
committed as will be sufficient for that purpose.
• Eg: 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 cheating B at a given time and place. The charge must set
out the manner in which A cheated B.
Manner of committing offence
• Eg: 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 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.
Interpreting the Words used in the Charge
• Section 214 of CrPC gives a rule for interpreting the words used in
the charge:
• It provides that 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.
• Eg: If the accused is charged u/s 302 of IPC for murder, then the
word “murder” used here will have the same meaning as
defined by Indian Penal Code.
Effect of Error on Charge
• Section 215 of CrPC deals with the effect of error in charge.
• In this case, the appellant and his brother were put up for trial on
charges under sec 302 read with sec 34 of the Indian Penal
Code. The appellant was specifically charged with murder in
prosecution of the common intention.
• The brother was acquitted and the appellant was convicted under
sec 302 of IPC.
Effect of Error in Charge
Willie (William) Slaney vs. State of M.P. Cont…..
• The High Court upheld the conviction and sentence and dismissed
the appeal. So an appeal was preferred before the Supreme Court.
• The issue before the Court is whether the omission to frame
an alternative charge only under sec 302 of IPC was an
illegality that vitiated the trial and invalidated the conviction.
• Here the Court held that the omission to frame an alternative charge
under sec 302 in the facts and circumstances of the case was not an
illegality that vitiated the trial but was a curable irregularity
as it had not occasioned any prejudice to the appellant and the
conviction was not liable to be set aside.
Alteration of Charge
• According to sec 216 (1) of CrPC, any Court may alter or add to
any charge at any time before judgment is pronounced.
• This provision gives power to remedy the defects in the framing and
non-framing of charge, discovered at any stage prior to judgment.
• Jasvinder Saini & Ors vs State (2013) 7 SCC 256
• In this case, the Supreme Court stated that all the courts have
unrestrained power to alter or add any charge provided such
addition or alteration is made before the judgment is
pronounced.
Alteration of Charge
Procedure to be followed after addition or alteration of charge:
• Sec 216 (2) of CrPC provides that every such alteration or addition
shall be read and explained to the accused so as to enable him to
prepare his defence.
• Sec 216 (3) states that if the alteration or addition to a charge is not
likely to prejudice the accused in his defence or the prosecutor in
the conduct of the case, the Court may immediately proceed with
the trial after such alteration or addition has been made.
• Sec 216 (4) states that if the alteration or addition to a charge is likely
to prejudice the accused in his defence or the prosecutor, the Court
may either direct a new trial or adjourn the trial for such period
as may be necessary.
Alteration of Charge
Procedure to be followed after addition or alteration of charge:
• Sec 216 (5) states that if the offence stated in the 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 has been already obtained for a
prosecution on the same facts as those on which the altered or
added charge is founded.
Alteration of Charge
C.B.I vs Karimullah Osan Khan (2014) 11 SCC 538
• Also the CBI filed an application u/s 216 of CrPC to alter the
charges. Here the Court rejected the application filed by CBI to
alter the charges stating that the application is moved after
closure of evidence and there is delay in the matter. So an appeal
was preferred against this order.
• Here the Court held that section 216 CrPC gives
considerable powers to the Trial Court, that is, even after
the completion of evidence, arguments heard and the
judgment reserved, it can alter and add any charge, subject to the
conditions mentioned therein.
Alteration of Charge
C.B.I vs Karimullah Osan Khan Cont.....
• The Court further added that the expressions at any time and before
the judgment is pronounced would indicate that the power is very
wide and can be exercised, in appropriate cases, in the
interest of justice, but at the same time, the Courts should also
see that its orders would not cause any prejudice to the accused.
• The Courts can exercise the power of addition or modification
of charges under section 216 CrPC, only when there exists some
material before the Court, which has some connection or link
with the charges sought to be amended, added or modified.
Alteration of Charge
Sec 217 of CrPC deals with recalling of witnesses when charge altered.
• It states that:
• 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—
• (a) 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;
• (b) also to call any further witness whom the Court may think to be
material.
Alteration of Charge
Moosa Abdul Rahman vs State of Kerala (1982 CrLJ 1384)
• In this case the Court held that it is safer and desirable that the
courts do inquire to the prosecution or the accused, as to
whether they would like to exercise the right to recall or
resummons the witnesses or to have further witnesses
examined as provided in section 217 of CrPC.
Joinder of Charges
Joinder of Charges is covered under sections 218, 219, 220, 221,
223 of CrPC.
• Section 218 of the Code says that for every distinct offence of
which any person is accused there shall be a separate
charge and every such charge shall be tried separately.
• The object of Section 218 is to save the accused from being
embarrassed in his defence if distinct offences are lumped
together in one charge or in separate charges & are tried together.
• Another reason is that it might be difficult for the court trying
him on one of the charges not to be influenced by the evidence
against him on the other charges.
Joinder of Charges
• Sec 218 further states that if 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.
• The strict observance of Section 218 (1) may lead to
multiplicity of trials, therefore exceptions have been
provided in different provisions of CrPC.
• Section 218 lays down the basic rule that for every distinct
offence there must be separate charge and a separate trial
for each such charge but there are certain exceptions to it.
Joinder of Charges
Banwarilal & Ors vs Union of India (MANU/SC/0159/1962)
c. 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;
• In this case, the issue before the Court was that whether sections
219 to 221 and 223 are mutually exclusive or whether they can
be used to get a cumulative effect.
• Here the Court held that each of the four Sections 219, 220, 221 and
223 mentioned in Section 218 can individually be relied upon
as justifying a joinder of charges in respect of any trial. Use
cannot be made of two or more of these sections to justify
the joinder of charges in respect of any trial.