Charge under the code of criminal procedure, 1898

Every charge under the code of criminal procedure, 1898 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 leveled
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 4.1(C) CrPc, 1898, ‘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.

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.

Legal Provision relating to Charge

Charge to state offence
221. (1) every charge under this Code shall state the offence with which the
accused is charged.
Specific name of offence sufficient description
(2) If the law which creates the offence gives it any specific name, the offence may
be described in the charge by that name only.
How stated where offence has no specific name
(3) 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.
(4) The law and section of the law against which the offence is said to have been
committed shall be mentioned in the charge
What implied in charge
(5) 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.
Language of charge
(6) The charge shall be written either in English or in the language of the Court.

Previous conviction when to be set out

(7) 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. If such statement has been omitted, the
Court may add it at any time before sentence is passed.
Particulars as to time, place and person
222.(1) 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.
(2) When the accused is charged with criminal breach of trust or dishonest
misappropriation of money, it shall be sufficient to specify the gross sum 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 234.

When manner of committing offence must be stated

223. When the nature of the case is such that the particulars mentioned in sections
221 and 222 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.
Words in charge taken in sense of law under which offence is punishable
224. 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.
Effect of errors
225. 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.

Court may alter charge

227. (1) Any Court may alter or add to any charge at any time before judgment is
pronounced.
(2) Every such alteration or addition shall be read and explained to the accused.

When trial may proceed immediately after alteration

228. If the charge framed or alteration or addition made under section 227 is such
that proceeding immediately with the trial is not likely, in the opinion of the Court,
to prejudice the accused in his defense or the prosecutor in the conduct of the case,
the Court may, in its discretion, after such charge or alteration or addition has been
framed or made proceed with the trial as if the new or altered charged had been the
original charge.
When new trial may be directed, or trial suspended
229. If the new or altered or added charge 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.

Stay of proceedings if prosecution of offence in altered charge require

previous sanction
230. If the offence stated in the new or 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 new or altered
charge is founded.

Recall of witnesses when charge altered

231. 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 re-
call or re-summon, and examine with reference to such alteration or addition, any
witness who may have been examined and also to call any further witness whom
the Court may think to be material.
Effect of material error
232.(1) If any Appellate Court, or the High Court Division in the exercise of its
powers of revision or of its powers under Chapter XXVII, is of opinion that any
person convicted of an offence was misled in his defense by the absence of a
charge or by an error in the charge, it shall direct a new trial to be had upon a
charge framed in whatever manner it thinks fit.

(2) If the Court is of opinion that the facts of the case are such that no valid charge
could be preferred against the accused in respect of the facts proved, it shall quash
the conviction.

Joinder of Charges
Separate charges for distinct offences
233. For every distinct offence of which any person is accused there shall be a
separate charge, and every such charge shall be tried separately, except in the cases
mentioned in sections 234, 235, 236 and 239.
Three offences of same kind within year may be charged together
234.(1) 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.

(2) Offences are of the same kind when they are punishable with the same amount
of punishment under the same section of the Penal Code or of any special law:
Provided that, for the purpose of this section, an offence punishable under section
379 of the Penal Code 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 Penal 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.

Trial for more than one offence

235.(1) 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.

Offence falling within two definitions

(2) 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.

Acts constituting one offence, but constituting when combined a different

offence
(3) 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
anyone, or more, of such acts.

(4) Nothing contained in this section shall affect the Penal Code, section 71 .

Where it is doubtful what offence has been committed?

236. 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.

When a person is charged with one offence, he can be convicted of another

237. If, in the case mentioned in section 236, 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 that section, he may be
convicted of the offence which he is shown to have committed, although he was
not charged with it.

When offence proved included in offence charged

238.(1) 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.

(2) When a person is charged with an offence and facts are proved which reduce it
to a minor offence, he may be convicted of the minor offence, although he is not
charged with it.
(2A) 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.

(3) Nothing in this section shall be deemed to authorize a conviction of any offence
referred to in section 198 or section 199 when no complaint has been made as
required by that section.

What persons may be charged jointly

239. The following persons may be charged and tried together, namely:-

(a) persons accused of the same offence committed in the course of the same
transaction;
(b) persons accused of an offence and persons accused of abetment, or of an
attempt to commit such offence;
(c) persons accused of more than one offence of the same kind, within the meaning
of section 234 committed by them jointly within the period of twelve months;
(d) persons accused of different offences committed in the course of the same
transaction;
(e) persons accused of an offence which includes theft, extortion, 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;
(f) persons accused of any offence under sections 411 and 414 of the Penal Code or
either of those sections in respect of stolen property the possession of which has
been transferred by one offence; and
(g) persons accused of any offence under Chapter XII of the Penal Code 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.

Withdrawal of remaining charges on conviction on one of several charges

240. 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. 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.