FORM OF CHARGES
(General contents of charge) (211-217)
Section 211- Contents of Charge. (Criminal trial starts after training of charge.
Before framing of charge all proceedings are pre-trial proceedings.
- Shall state offence with which accused is charged.
- If the law which creates offence gives it any specific name, then the offence is described in the charge. Like theft, robbery, extortion etc. by that name.
- If the law which creates offence does not give it any specific name, so much definition of the offence must be stated that accused came to know that for what offence he is charged.
- Law and section under which charge is framed.
- The fact that charge is made is equivalent to the statement that every condition to Constitute offence charged was fulfilled in the particular case.
- The charge shall be written in the language of the court. (State Govt. determines the language of lower Court U/S. 272 CRPC).
- If accused is previously convicted and is liable to enhanced punishment for subsequent offence and it is intended to prove such previous convictions for purpose of enhanced punishment, the fact, date and place of previous conviction shall be stated in charged. (This point is not included initially).
Read-> S. 236->Summon trial.
With-> S. 248 (2) -> Warrant trial.
The enhanced punishment is levied only when the subsequent conviction is done.
Section 212-> Particulars as to time, place and person.
- The charge shall contain particulars as to time and place and particulars of person and property in respect of which offence was committed.
- When accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property-> It shall be sufficient to specify gross sum in respect of which alleged offence has been committed and charge so framed shall be deemed to be a charge of offence U/S. 219, But cases coming in S. 219 CRPC gap between the date of first and date of last offence should not be more than 1 year.
Section 213-> when the manner of committing an offence must be stated.
After mentioning particulars in S. 211 & 212, accused to not get sufficient notice of the matter with which he is charged, the charge shall also contain manner in which the alleged offence was committed.
- Cheating can be done in many ways. Then particulars of the manner of committing cheating must be specified in charge.
- Obstruction can be raised in the discharge of public servant in many ways then particulars of the manner of raising obstructions must be specified in charge.But in offence of theft, manner of committing the offence is not required to be stated in the charge.
Section 214-> Words in charge taken in sense of law under which offence is punishable.
Law in which such offence is punishable. For example, if the offence is charged under a few sections of IPC then such words used in charge shall have the same meaning specified in IPC. Similarly, if the charge is framed under the SC/ST Act then words used in charge shall have the same meaning as specified in S.C/S.T Act.
Section 215-> Effect of errors.
Error when the material in charge:
- When accused was in fact misled by such error or omission.
- When it has occasioned a failure of justice.
This error vitiates proceedings.
- A is charged with the murder of Khoda Baksh. In fact, the name of the murdered person was Haidar Baksh. A was never charged with any murder but one and had heard the inquiry before the Magistrate which referred exclusively to the case of Haidar Baksh. The court may infer from these facts that A was not misled and that the error in the charge was immaterial.
- A was charged with murdering Haidar Baksh on 20th Jan and Khoda Baksh on 21st Jan. When charged for murder for Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses present is his defence were witnesses in case of Haidar Baksh. The court may infer from this that A was misled and that the error was material.
Section 216-> Court may alter charge.
- Before pronouncing judgement Court may alter or add any charge at any time.
- Every such alteration or addition shall be read and explained to the accused.
- If in the opinion of Court such alteration or addition is not prejudice to the accused or prosecution, the Court shall proceed with the trial.
- If in the opinion of Court such alteration or addition is prejudice to the accused or prosecution, the Court may either direct new trial or adjoin the trial.
- If the offence stated in altered or added charge is one for the prosecution of which the previous sanction is necessary, the case shall not proceed until such sanction is obtained.
Section 217-> Recall of witnesses. When charge altered prosecutor and accused shall be allowed.
- When a new trial is commenced then to recall or resummons witness.
- Also to call any further witness whom Court may think to be material.
JOINDER OF CHARGES.
Section 218-> Separate charges to distinct offences.
- For every distinct offence, there shall be a separate charge and every such charge shall be tried separately. Provided where accused desires to be jointly tried for a distinct offence he can make an application in writing and if Magistrate is of the opinion that due to joint trial accused is not likely to be prejudiced, Magistrate may try together all or any no. of charges.
- Nothing in Sub. Sec (1) shall affect the operation of the provisions of S.219, 220, 221 and 223.
Section 219-> three offences of the same kind within year may be charged together.
An accused can be tried together for the offences of the same kind not exceeding 3, Committed within the space of 12 months.
Meaning of offence of the same kind:
- An offence is punishable with the same amount of punishment under the same section of IPC or any special or local law.
- Provided for purpose of this section offence punishable U/S. 379 IPC shall be deemed to be an offence of some kind as an offence punishable U/S. 380 IPC and any offence or attempt of the offence will also be considered an offence of the same kind.
Section 220-> Trial for more than one offence.
- If in one series of transaction, more than one offences are committed by the same person, then he may be charged with and tried at one trial for every such offence. (Separate charge but the trial is done together.
- If act alleged to constitute an offence falling within 2 or more separate definitions of any law in force then accused can be tried together by levying separate charges.
- If several acts were done in a series of transaction constitute when combined, the different offence then accused may be charged with and tried at one trial for the offence constituted by such acts when combined.
- A rescues B, person in lawful custody and in so doing causes grievous hurt to C, Constable A may be charged with and convicted of offence U/S. 225 and 333 IPC (Separate charges levied and tried jointly.)
- A wrongfully strikes B with a cane. He may be separately charged U/S. 352 and 323 and can be tried jointly. (Separate charge and joint trial.)
- A commits robbery on B and in doing so voluntarily causes hurt to him. A may be separately charged with and convicted of offences U/S. 323, 392 and 394 IPC.
Series of transaction-> According to Sir James Stephen. Series of the transaction means a combination of acts from which if any one of the act (transaction) is separated then the existence of the main transaction shall extinguish.
If any person enters into the house for the purpose of doing theft and there he committed rape. Then rape is not part of that transaction as it is totally different activities and does not come under the same series of transaction.
Section 221-> where it is doubtful what offence has been committed.
- If a single act or series of the act is of such nature that it is doubtful which of several offences has been committed then:
- The joint charge can be levied in different heads or
- The joint charge can be levied in the alternative.
- Section 72 IPC- When the offence is not cleared by evidence also i.e. at the time of judgement also it is not cleared that accused is to be charged with which offence then he will be punished with least of quantum of punishment specified from all of the offences he is charged with.
- If accused is charged with one offence and it appears that he committed the different offence for which he might have been charged then he may be convicted for that offence also though he may be charged or may not be charged with it.
Section 222-> when offence proved included an offence charged.
(Procedure of 216 needs not to be adopted.)
- When a person is charged with offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence and such combination is proved but remaining particulars are not proved, he may be convicted of the minor offence though he was not charged with it.
- When the charge of murder is levied under S.300 but culpable homicide is proved. Then person shall be convicted for culpable homicide.
- When a person is charged with offence and facts are proved which reduced it to a minor offence, he may be convicted of a minor offence, although he is not charged with it.
- Voluntarily grievous hurt was caused U/S. 325 IPC but such grievous hurt was caused due to sudden and grave provocation then he can be convicted U/S. 335.
- When a person is charged with an offence, he may be convicted of an attempt to commit such offence although an attempt is not separately charged.
- A person is charged with the offence of murder but the attempt of murder was proved then accused can be convicted U/S. 307.
- Nothing in this section shall be deemed to authorise conviction of any minor offence where the conditions requisite for irritation of proceedings in the report of that minor offence have not been satisfied.
S 219 to 222-> Offence done by the same accused.
S 223-> Offence done by more than accused.
Section 223-> What persons may be charged jointly (Joint trial of different persons who has committed offence).
Following persons may be charged and tried together namely:
- Accused of the same offence committed to course of the same transaction.
- Accused of offence and person accused of abetment of or attempt to commit such offence.
- Accused of more than one offence of the same kind within meaning of S. 219 committed by them jointly within the period of 12 months.
- Accused of different offences committed in the course of the same transaction.
Accused of an offence of theft, extortion, cheating or criminal misappropriation + persons accused of receiving or retaining or assisting in disposal or concealment of property + or abetment or attempting to commit such offence.
- Accused of offences U/S. 411 and 414 IPC or either of those sections in respect of stolen property, possession of which has been transferred by one offence.
- Accused of any offence under C-12 IPC relating to counterfeit coin and person accused of any other offence under said chapter relating to the same coin or of abetment or attempting to commit any such offence.
Provided where no. of persons are charged with separate offences and they do not fall in any of category specified in this section, Magistrate or Session Court may on the application of such person in writing and after deciding that it would not be prejudicially affected and it is expedient so to do, try all such persons together.
Section 224-> Withdrawal of remaining charges on conviction on one of several charges.
When the charge is levied of so many offences and out of which some are proved and some are not complaint or office conducting the prosecution may with the consent of court withdraw remaining charge or charges.
Result of withdrawal-> Acquittal.