Charge under crpc
1.Introduction
It is generally the accusations made by the judges after looking into the report submitted by the police officer under section 173. It serves the purpose of serve notice to the accused and also enabling the accused to have an idea of what he is being tried for and why he is being tried. It also helps the court in providing a pathway for the procedure to be conducted in the trail
2. Charge Under crpc
As per the section 2(b) of crpc charge is define charge as "charge” includes any head of charge when the charge contains more heads than one;
The definition of charge under this section is inclusive one. For better understanding of this section it can be generally said that the when a person commits several offence by his act , all the offences shall be called as heads together or individualy .
Framing of charge play an important role in a judicial proceeding , it is the stage where accusition is made against the accused by judge after applying judicial mind . As per section 251 Cr.P.C when the alleged offence is summons case, then the charge need not be framed against the accused as per the provision and in case of warrant cases, when the accused is examined under section 239 Cr.P.C charge has to be framed against the accused.
3. Legal provisions relation to charge
1. Content of charge
(i) Every charge under this code shall state tge offence with which the accused is charged.
(ii)If the law creates the specific name of the offence, the offence must described in the charge by the name.
(iii)If does not give any specific name, the definition of the offence must be state.
(iii)The law and section of the law against which the offence is said to have been committed must be mentioned in charge.
(iv) The charge must be written in the language of the court.
(v) if the accused has been previously convicted of any offence is liable , such offence shall be stated in order to enhanced the punishment.
(vi)Every legal conditions required by law to constitute the offence charged was fulfilled in the particular case .
2. Particular as time and place and person
The charge shall contain particular as to time and place of the offence commited , and description of person against whom or thing offence has been committed as to serve the notice to accused
When the offence alleged to have been committed is criminal breach of trust or misappropriation of property ,it is sufficient to describe the following
- gross sum
- description of moveable property
- dates between which the offence is alleged to have been committed.
- the time gap between the date as above said shall not exceed 1 year.
3. When manner of committing offence must be stated(213)
According to section 213 when the nature of the case is such that it is not mentioned in section 211 or 211 , then the charge can contain the manner
Example : A is accused of disobeying the law with intent to save B from law. The charge must set out the disobedience charge and te law infringed.
4. Words in charge taken in sense of law under which offence punishable .(214)
The words used in describing the offence shall be used in the sense as it is attached to them respectively by the law under which such offence is committed.
5. Effect of error
No error or omissions in stating either the offence or particular required to be stated in the charge , shall be regarded as material at any stage of proceeding unless it resulting in mislead the accused or in failure of justice
In the case of Maharashtra v. Salman Salim khan (2004) the accused was originally charged under section 304-A of Indian penal code , subsequently the charged was altered to 304 part II . It was held that the concerned court is empowered at the trial stage to alter the charge appropriately depending on the evidence led before it provided it cause no prejudice to accused.
6. Court may alter charge
The court may alter charge any time before the judgement is pronounced .
If the alteration or addition of charge immediately with the trial does not likely to prejudice the accused his defence or prosecutor in the conduct of his case . The court may in its discretion proceed with such trail.
If the alteration or addition of charge immediately with the trail , likely to prejudice the accused in his defence or prosecutor in the conduct of the case . The court may direct a new trail or adjourn the trial for such period.
After the alteration and addition of charge there is need for previous sanctions , the court shall not proceed until obtaining such sanctions or unless sanctions has been made already .
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