Charge: It'S Meaning and Contents Prerak Raj: B.A.LLB 4 Semester

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CHARGE: IT’S MEANING AND CONTENTS

PRERAK RAJ1
The Code of Criminal Procedure deals with the charge in a very explanatory manner in Chapter
XVII, from sections 211 to 224. Sections 211-214 deals with the contents of a charge, and the
portion of the section 215 deals with the consequences or the effects when there has been error
while in the formation of the charges, and sections 216 and 217 confers power to the court to
alter the charges and the procedures post-alteration. While, the section 218 enables a general rule
that for every different offence, there shall be different charge and each shall be tried separately
and the rest sections like 219, 220, 221 and 223 gives the exception of the section 218.Section
222 provides the circumstances when one can be convicted for any offence, even he/she was not
charged with. The charge is the establishment of the allegation(s) against the accused in a
criminal case. The inspiration behind a charge is to inform an accused individual, precisely and
succinctlyi of the issue with which he is charged. It must pass on to him with adequate clearness
and certainty, what the prosecution expects to prove against him and which he should protect.
The fundamental principle of criminal law is that the accused ought to be informed with certainty
and precision the exact nature of the charge leveled against him to allow him an opportunity to
prepare for his defence.ii Section 2 (b) of the Code of Criminal Procedure, 1973 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. It can be understood as 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. iii The
objective behind the formation and framing of the charge is to make the accused aware of all the
fact and allegations which has been made against him, and to provide him/her each possible way
to defend. Even the Supreme Court had also point out this very specific objective and the

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B.A.LLB 4th SEMESTER
purpose of the charge, in the case of V.C. Shukla vs. State iv, 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 accusation that the accused is called upon to meet in the course of
a trial’.

CONTENTS OF CHARGE
A charge must show the offence with which any person is charged. It shall specify the law and
the provisions against which that offence has been committed. For example, if anyone is
charged with the Murder, the charge must consider Section 300 of the Indian Penal Code, 1860.
If the law has given any particular name to that very offence, the charge shall also specify that
name and if the law does not has specified any name for that very offence, the charge must
specify the full detail of the offence from the definition of the offence, as per the law, so that the
accused gets it in a clear way. The charge shall contain such particulars as to time and place of
the alleged offence, and the person against whom, or the thing in respect of which, it was
committed, are the reasonably sufficient to give the accused notice of the matter with which he is
charged. However, 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 to 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.v In several cases, offender gets a bigger punishment
for repeated offence, in such cases, the charge shall also specify the date & place of the previous
conviction, so that an enhanced punishment may be given to those category of persons.

EFFECT OF A DEFECTIVE CHARGE


The effect of defective charge has been provided under Sections 215 and 464 of the Code of
Criminal Procedure. The two sections are meant to be read together, and it lays down that,
whatever is the irregularity while the formulation of a charge, it is not fatal, unless it is
established that a kind of prejudice has been caused to the accused. Only omission or mere defect
in the formulation of charge is not a valid ground for setting aside the conviction. Procedural
laws are designed to serve the fair trials and maximum justice, not to frustrate them by mere
complexities. The sole objective of the charge is to give the accused information of the fault he
is charged with. If the abundant information is conveyed to him and no prejudice has been
observed during the formation of charges, the accused will not succeed by showing that the
charge which has been framed against him/her was defective. And also not any conviction on
charges under wrong provisions can be reversed, if it is established that the accused was
informed from very past about the details of the wrong committed and thus no prejudice was
caused to him.

ALTERATION OF CHARGES
According to the section 216 of the CrPC, the court may alter the charges or add charges 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 has been already obtained for a prosecution on the same facts as those on which the
altered or added charge is founded.vi In case of Harihar Chakravorthy v. State of W.B vii the
hon’ble court held that “the court has a very wide power to alter the charge; however, the court is
to act judiciously and to exercise the discretion wisely. It should not alter the charge to the
prejudice of the accused person.”

FORMS OF CHARGES
There are two forms of the charges one form of the charge is having one head and another is
having two or more heads. One head charges are those category of the charges in which only
single charge is made against the accused, which means only an allegation for any single
offence. As example; if one person has been charged for theft, then it will come under this very
category. Two or more than two head charges are those category of charges, in which two or
more allegation for violation of the laws are made, of the accusation of more than one offences
are made. As example; if one has been accused for dacoity, grevious hurt, and also for murder,
then this will come under this very category.

JOINDER OF CHARGES
Joinder of charges can be defined as the joining of more than one charge of a criminal offence
together in the same indictment. This may be done when the charges are based on the same facts
or are part of a series of offences of the same or similar character . From Section 218 to section
224, all the provisions are regarding the trial of the charge and formulation of charge for distinct
offences. A basic rule has been laid down in the section 218 that, for every distinct offence there
must be a separate charge and for such separate charges, there shall be separate trial. The purpose
of Section 218 is to avoid any sort of the complexity in trial, as it may disturbs the fabric of fair
trial, if several distinct charges which are from nowhere connected or related with one another,
are clubbed together in one trial. And apart from that, the Court is also likely to be prejudiced
against the accused, if the accused will be tried in one trial, for different charges, which had
different evidences. But overall we can say that, the Cr.P.C, 1973 provides for the joinder of the
charges in one trial against the same alleged person, in exceptional circumstances, as mentioned
in the code.

Those exceptions are as –


a. If the accused itself desires so: if the accused itself is willing and interested in joinder of charges,
and the magistrate is also of the same opinion after considering the face that it will not work
prejudicially against the accused.viii
b. Three offences of same kind within one year: 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.ix
c. If the offences has been committed in the same series of transaction:  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.x
d. Offences of criminal breach of trust or misappropriation: When a person charged with one or
more offences of criminal breach of trust or dishonest misappropriation of property 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.xi
e. Same act, resulting in different offences: 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.xii
f. Acts forming an offence, also constituting different offences when taken separately or in groups:
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, of such acts.xiii
g. When it becomes doubtful that what offence is in alternatives: 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.xiv
h. [Certain category of persons: The following persons may be charged and tried together, namely;
i. persons accused of the same offence committed in the course of the same transaction;
ii. persons accused of an offence and persons accused of abetment of, or attempt to commit, such
offence;
iii. 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;
iv. persons accused of different offences committed in the course of the same transaction;
v. 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;
vi. 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;
vii. 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.]xv

Concluding we may say that the charge in its legal sense means the precise information of the
accusations and allegations, which has been made upon any person by the other. The Cr.P.C. has
almost covered the all aspects regarding the charge but naturally, there are also some lags, like
the term charge has been not defined clearly, forms of charges has not been defined and the
provisions are very much complex. However, the Indian judiciary has also tried to interpret those
complex provisions of the laws, and up to maximum extent it has done it, but still the need of the
enhancement and amendments in the Cr.P.C. seems to be necessary.
BIBLIOGRAPHY

BOOKS AND STATUTES

 R.V. Kelkar’s Lectures on Criminal Procedure( 5th edition)

 Criminal Manual, (Professional’s), 2018.

WEBSITES

 www.indiankanoon.com

 www.legalbites.com

 www.lawlex.com

ENDNOTES
i
Compactly
ii
https://www.legalbites.in/crpc-notes-charge-allegations/
iii
Ibid
iv
AIR 1980 SC 962
v
Section 212 Cr.P.C
vi
Section 216 of CrPC
vii
AIR 1954 SC 266
viii
Section 218(2) of Cr.P.C. 1973
ix
Section 219 of Cr.P.C. 1973
x
Section 220(1) of Cr.P.C. 1973
xi
Section 220(2) of Cr.P.C. 1973
xii
Section 220(3) of Cr.P.C. 1973
xiii
Section 220(4) of Cr.P.C. 1973
xiv
Section 221(1) of Cr.P.C. 1973
xv
Section 223 CrPC

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