Charge in CrPC
Author: Abhay Saxena, Bharati Vidyapeeth New Law College, Pune
Under section 2(b) CrPC, 1973 ‘charge’ includes any head of the charge once the charge contains additional heads than one. Thence it may be taken that once a charge contains over one head, the top of charges is likewise a charge.
Legal provision of charge:
‘Charge’ is mentioned beneath chapter XVII of the CrPC, 1973. Section 211 to Section 217 tells us regarding the sorts of charge whereas alternative sections like 227, 228, 239, 240, and 464 of the code additionally talk regarding the varied provisions associated with charge.
Forms of Charge:
The sorts of charges, as mentioned on top of, are mentioned from section 211 to 217 of the CrPC. they’re as follows:
Section 211 and 212:
Under Section 211 & Section 212, the content of charge and therefore the particulars on time and place of the alleged offense is expressed, the person against whom the crime was committed or the issue in respect of that it happened and alternative data that is sufficient to charge the defendant.
It shall be noted that the charge shall contain the particulars of however the same offense has been committed in places wherever sections 211 and 212 don’t seem to be ready to describe well the charge with that the defendant is charged.
Section 214 provides a regular for translating the words utilized within the charge: It provides that in every charge words utilized in representational process associate offense are going to be regarded to own been utilized within the sensor hooked up to them individually by the law beneath that such offense is blameworthy.
Section 215,464 and 465 of the Code must browse along as of these trots out an equivalent question. Section 215 enacts that no error or omission within the charge is going to be considered material unless it’s occasioned a failure of justice.
This section deals with alteration to blame. The article is to secure a truthful trial to the defendant and therefore the court must make sure that alteration or addition of charge has not caused prejudice to him. It should be exercised judiciously though’ the facility is wide and intensive. However, the court cannot alter the charge to the bias of the defendant. Similarly, such power cannot be exercised when the defendant is discharged of all the fees in the maximum amount as no charge exists against him and therefore the provisions of Section 216 don’t apply.
This section deals with the recalling or re-summoning and examining the defendant regarding such alteration or addition being created to the charge. Additionally just in case, from now on witness must be known as then that’s additionally permissible.
Under section 227 it’s provided for discharge of an associate defendant. It’s been explained here that the decision has the facility to discharge the defendant, motor-assisted by cheap reasons for doing so and by considering the cases and therefore the submitted documents and when hearing the defendant and therefore the prosecution.
This provision has been enacted to eliminate the chance of harassment to the defendant in things once no clear case is against him. There’s no want for mental judgment of the truthfulness and result of proof because of the trial stage.
Section 240- Framing of charge:
The jurist shall frame a charge, upon considering the police report and therefore the documents sent with it beneath Section 173 and when examining the defendant and hearing the parties if the jurist believes that the defendant has committed an associate offense that he’s competent to undertake and will be adequately penalized by him. The defendant shall be explained the charge by reading it over to him and he shall be asked whether or not he pleads guilty or claims to be tired.
There are other sections which are concerned with a charge which are as follows:
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.
Section 219 says that three offences of the same kind within the year may be charged together. This means that if the nature of three offences is the same then they will be charged together.
Section 220 states that 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. This is also called a trial for more than one offence.
Case Laws Concerning Charges:
- Birichh Bhuian v. State of Bihar: In this case, the meaning of charge has been defined by Justice Subbarao for the first time. According to him, “a charge is a precise formulation of a specific accusation made against a person of an offence alleged to have been committed by him.”
- Mohan Singh v. State of Bihar: In this case, the purpose of framing a charge has been defined very clearly and precisely by Justice AK Ganguly. He referred to Section 214 of the CrPC and said “Words in charge taken in the 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.”
- VC Shukla v. State through CBI: In this case, Justice Desai talks about the purpose of framing a charge and he says 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.”
- Tulsi Ram & ors. vs. State of Uttar Pradesh: This case is concerned with Section 215 of CrPC which says that no error or omission in the charge will be regarded as material unless it has occasioned a failure of justice.
In this case, 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.
Thus, the appellants’ plea of grievance was refused by the court.
Difference between Charge and Trial:
- In a charge, the prosecutor files a charge-sheet including all the charges while in a trial, The magistrate, after filing of charge-sheet, looks into the case and starts the proceedings.
- The charge-sheet contains the FIR, Police report, Investigation, and names of the accused and witnesses while looking into the case after the charge-sheet has been filed is the first step in a trial which includes proceedings and judgement at the end.
- Preparing and filing of charge-sheet are done by police and prosecutor while the trial is conducted by the judiciary.
Thus, each charge beneath the code of criminal procedure, 1973 shall state the offense with that the defendant is charged. The motive behind a charge is exactly and compactly to let apprehend the defendant individual, the difficulty that he’s being charged with.