Charge

1. Charge - Sec 2(b)
• When a charge contains more than one heads,
the head of charges is also a charge
• To charge a person means to accuse that
person of some offence
• Specific and precise (Unambiguous) – Court
language
• Accused is entitled to know the nature of
accusation
• Useful to take defence

2. Framing of Charges
• Every legal condition required by law to
constitute the offence
• Prima facie material against accused
• Court must apply its mind to the evidence
presented to it
• Police case – based upon final report
• Form of Charges - Ss. 211-214 & Form 32
(Sch.II)
• Joinder of Charges - Ss. 215-221

3. Contd..
• Sec 228 (1) (b) - in Sessions cases
• Sec 240 & 246 – in Warrant cases
• Summons or Summary trial cases – Not
Mandatory – No harm in framing
• Sec 251 – Substance of accusation
• Charges shall be framed in writing
• Evidence not to be appreciated
• Who is eligible to frame charges?
• Dropping of charges

4. Form 32 - Sch.II
• Charges with One Head
a) I, ……… (name and office of Magistrate, etc.), hereby
charge you ……… (name of accused person) as follows —
b) On section 305 — That you, on or about the ……… day of
………, at ………, abetted the commission of suicide by
A.B., a person in a state of intoxication, and thereby
committed an offence punishable under section 305 of the
Indian Penal Code, and within the cognizance of this
Court.
c) And I hereby direct that you be tried by this Court on the
said charge.
(Signature and Seal of the Magistrate)

5. Charges with Two or More Heads
a) I, ……… (name and office of Magistrate, etc.), hereby charge you
……… (name of accused person) as follows
b) On section 302 and 304 First — That you, on or about the ………
day of ………, at ……… committed murder by causing the
death of ……… and thereby committed an offence punishable
under section 302 of the Indian Penal Code, and within the
cognizance of the Court of Session.
Secondly — That you, on or about the ……… day of ………, at
………, by causing the death of ……… committed culpable
homicide not amounting to murder, and thereby committed an
offence punishable under section 304 of the Indian Penal Code,
and within the cognizance of the Court of session.
c) And I hereby direct that you be tried by Court of session on the
said charge.
(Signature and Seal of the Magistrate)

6. Contents of Charge - Sec 211
• State the offence, law and section of law with
which the accused is charged
• Specific name given in law or definition of the
offence
• Every condition specified by law should be
satisfied
• Previous conviction – impact on sentencing
(Sec 75 IPC)
• Added at any stage before sentencing

7. Particulars - Sec 212
• Time and Place of the offence
• Person affected (victim) or a thing in respect of
which offence committed
• Criminal Breach of Trust or Dishonest
Misappropriation
▪ Gross sum
▪ Description of Movables
▪ Dates between which the offence is committed (not
exceeding one year)

8. Manner of committing offence
Sec 213
• Mentioned particulars (u/s. 211 & 212) don’t
give sufficient notice to the accused
• Cheating, Giving false evidence, Obstructing a
Public servant
• Theft, Murder – no need to mention
• Words in charge (Interpretation) – in sense of
law

9. Effect of Errors
Sec 215
• Stating either the offence or the particulars
• Omission to state the offence
• Not regarded as material unless
✓ Accused was misled
✓ Occasioned failure of justice
• Sec 464 – Effect of omission in charge or
misjoinder
✓No finding, sentence or order is invalid – only for
failure of justice
✓Re Trial, New Trial, quashing the conviction

10. Alteration or Addition - Sec 216
• At any time before judgment is pronounced
• Be read and explained to the accused
• No prejudice to both sides – trial continued
• New trial or adjournment of trial for a period
• Recall of witness - Sec 217
• Calling of fresh witness

11. Separate charges - Sec 218
• Basic rule - Separate charge for every distinct
offence
• Separate trial for every charge
• Distinct offence – differs in time , place,
victim and section of law
• Theft and Causing grievous hurt
• Application by the accused – All or any
number of the offences tried together
• Magistrate’s discretion – prejudice to accused
• Exceptions : Sec. 219, 220, 221 and 223

12. Offences of same kind - Sec 219
• Three offences – within one year
• Victim may be same or not
• Same kind – punishment same under IPC or
special law
• Sec 379 = Sec 380 IPC
• Offence = Attempt Sec 302, 307

13. Series of Acts – One Trial - Sec 220
• Acts in same transaction done by a single
accused
➢More offences than one
➢Accused may be tried at one trial, for every such
offence
• Criminal Breach of trust or Dishonest
Misappropriation – falsification of accounts
• Falling within two or more separate definitions
• Several acts jointly constitute one offence
• Sec 71 IPC – Limit of Punishment

14. Examples - Sec 220
• Rescuing from Lawful Custody and Causing
Grievous hurt (Sec 225 & 333 IPC)
• House breaking and adultery (Sec 454 & 497
IPC)
• Enticing a married woman and Adultery (Sec 498
& 497 IPC)
• Assault or Criminal force & Voluntarily causing
hurt (Sec 352 & 323 IPC)
• Robbery & Voluntarily causing hurt (Sec 323, 392
& 394 IPC)

15. Doubtful cases - Sec 221
• Single act or series of acts
• Charged for all such offences or alternative
• Theft - Receiving stolen property – Criminal
Breach of Trust – Cheating
• Charge for all offences and Convicted for one
such offence based upon evidence
• Charge with one and evidence shows different
• He may be convicted for any offence which he
was not charged.

16. Charged for Major offence - Sec 222
• Offence consists of several particulars
• Some of which combine to constitute minor
offence
• (Ex) Causing Grievous Hurt/Sudden
Provocation
• Charged with an offence and facts are proved
for minor offence - Convicted for minor
offence
• Charged with an offence – Conviction for
attempt to commit such offence

17. Conviction for Minor offence - Sec 222
State V. Tara dutta AIR 2000 SC 297
When a person is charged with an offence
consisting of several particulars, this section
permits the court to convict the accused of the
minor offence though he was not charged with it
– Thus when a person with an offence and facts
are proved which reduce it to a minor offence, he
may be convicted of the minor offences although
he is not charged with it.

18. Joinder of Accused- Sec 223
• Same offence – Same transaction
• Abetment – Attempt – Offence
• Sec 219 – same kind of offences committed
jointly within one year
• Different offence – Same transaction
• Theft, extortion, cheating
• Receiving stolen property
• Counterfeit coins – Abetment , attempt
• By application by the accused

19. Withdrawal of remaining Charges
Sec 224
• Charge containing more heads than one
• Officer conducting the prosecution
• With the consent of the Court