Charges Under CrPC: All You Need To Know!

KEY TAKEAWAYS

• In simple words, a charge is an allegation, which is formal in nature.
• Charge is dealt with in Chapter XVII of CrPC, from section 211 to section 224.
• The form of charges is dealt with in Sections 211- 217.
• The Joinder of Charges is dealt with in Sections 218-224 of the CrPC. When more than one accused is tried for the same crime, the term "joinder of charges" is used.

INTRODUCTION

The offense for which an accused is charged is stated in every charge under the CrPC. The charge's goal is to notify the accused about the crime for which he is being charged.It is critical to inform the accused of the accusations that the prosecution has brought against him in a straightforward and certain manner. There is an underlying concept in criminal law that provides that the accused has the right to know the full substance of the allegations leveled against him.A charge is defined as any head of a charge when the charge has more than one head, according to section 2(b) of the CrPC. In basic terms, a charge is an allegation. It is a formal allegation made by a magistrate or a court based on prima facie evidence against the defendant. A criminal charge is a formal accusation made by a government official, such as a prosecutor or the police, that an individual has committed a crime.

Charge is dealt with in Chapter XVII, from section 211 to section 224.

• The form of charges is dealt with in Sections 211- 217.
• The Joinder of Charges is dealt with in Sections 218-224 of the CrPC. When more than one accused is tried for the same crime, the term "joinder of charges" is used.

SECTION 211 of CrPC- Describes The Content Of Charges

1. The offense with which the accused is charged must be stated in every charge brought under this Code. This states that whenever an accused commits an offense, he must be charged with that offense under this Code.
2. If the statute that defines the offense gives it a specific name, the charge may only use that word to characterize the offense.
3. If the legislation that produces the offense does not give it a specific name, a portion of the definition of the offense must be presented in order to inform the accused of the allegation against him.
4. The charge must include the statute and part of the law that the offense is stated to have been committed against.
5. The mere fact that a charge has been filed equates to a declaration that every legal condition necessary by law to create the alleged offense has been met in this case.
6. The charge must be worded in the Court's language.
7. If the accused was previously convicted of any offense, he would be subject to enhanced punishment, or punishment of a different kind, for a subsequent offence of similar nature. It is, however,required to prove the previous conviction for the purpose of impacting the punishment which the Court might think would work to award for the subsequent offense.The fact date and place of the previous conviction should be stated in the charge in the further sentence which the Court might pass.

• One of the most important aspects present here is that the previous conviction can be proved by the procedure laid down in section 298 of the CrPC.
• A previous conviction or acquittal can be established in any inquiry, trial, or other procedure under this Code, in addition to any other way permitted by any legislation in effect at the time.

CASE LAW- Mohan Singh Vs. State of Bihar

It was held that the charge wherein no mention of section 302 of IPC was present but it was mentioned that the accused had killed the deceased, then it would be considered that all the ingredients of the charge were present and mentioned and the requirement of section 211 (2) of CrPC was complied with.

SECTION 212 CrPC- Describes The Particulars Of Time, Person And Date

• Section 212 throws light on the committed offense, the charge and its details such as the date, time and place.
• Without mentioning specific items or dates, and the charge formed in this manner will be understood to constitute a charge of one crime within the meaning of section 219:
• Example- in case of murder- Date and time of the murder, the details such as name of the accused and the deceased.

CASE LAW- Shashidhara Kururp Vs. Union of India 1994

It was stated that no details meant no opportunity to the accused which directly indicated the denial of Natural Justice.

SECTION 213 of CrPC- Manner Of Offence

When the nature of the case is such that the particulars indicated in sections 211 and 212 do not provide the accused with adequate notice of the allegations with which he is charged, the charge must also include such details of the alleged offence's commission as would provide for that purpose.

EXAMPLE- A is accused of obstructing B, a public worker, from performing his public duties at a specific time and location. The accusation must detail how A interfered with B's ability to carry out his duties.

SECTION 214 CrPC –Words In Charge Taken In Sense Of Law Under Which Offense Is Punishable

Words used to describe an offence in a charge are presumed to have been used in the context assigned to them by the legislation under which the crime is punished.

SECTION 215 CrPC- Effect Of Errors

Neither errors nor omission in stating the offence or the particulars are considered as material at any stage of the case except in the cases where the accused was in fact misled by the error or omission and it resulted in a failure of justice.

EXAMPLE- On the 20th of January, 1882, A was accused with murdering Haidar Baksh and Khoda Baksh (who attempted to arrest him for the murder on the 21st of January, 1882. A was charged with murdering Haidar Baksh and Khoda Baksh (who attempted to arrest him for the murder) and was tried for the murder of Khoda Baksh when he was accused with the murder of Haidar Baksh. The witnesses that testified in his defence were the witnesses in the Haidar Baksh case. This may lead to the Court in believing that A was deceived and that the error was material.

SECTION 216 CrPC- Court May Alter The Charge

1. Any charge may be changed or added to by any Court at any moment before a judgement is rendered.
2. Every change and addition must be read and explained to the accused.
3. If an alteration or addition to a charge is such that proceeding of the trial immediately would not prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, proceed with the trial as if the altered or added charge was the original charge after the alteration or addition has been made.
4. If an alteration or addition to a charge is such that proceeding of the trial immediately would prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may either order a new trial or delay the trial for the time it deems required.
5. If the offence described is the amended or additional charge which requires prior sanction is added, the case would not be dealt with until the sanction is acquired or sanction has already been obtained for a prosecution based on the identical circumstances as those mentioned in the altered or added charge.

SECTION 217 CrPC- Recalling Of Witness When Charge Is Altered

The prosecutor and the accused are allowed to recall the witness or summoned after the Court alters or adds to a charge when the trial has already begun:

1. By recording the reasons in writing, unless the Court desires to recall or re-examine the witness for the purpose of vexation or delay or defeating the ends of justice.
2. The Court can call any further witness whomit considers to be material.

SECTION 218 CrPC- Separate Charges For Distinct Offences

• There should be a separate charge for each unique offence for which the individual is accused, and each charge shall be tried separately.
• However, if the accused person requests in writing for the trial of all the charges together and the Magistrate believes that the accused person would not be prejudiced, the Magistrate may try all or any number of the allegations brought against him together.
• As per the sub-section 2 of the said Section, the aforementioned provisions have no bearing on the operation of sections 219, 220, 221 and 223of CrPC.

CASE LAW-Ranchhod Lal Vs. State of Madhya Pradesh AIR 1965 SC 1248

It was stated in this case that, it was the Court’s discretion whether to apply Section 219, 220 and 223 of CrPC 1973, or to resort to Section 218.

CASE LAW- Indramani Pradhan And Ors. vs Chanda Bewa, AIR 1956 Ori 191, 1956 CriLJ 1218

In the instant case, it was stated that Section 218 (2) applies to summons cases also, although it is not necessary to embody a charge in writing in a summons case.

SECTION 219 OF CrPC- 3 Offenses Of The Same Kind Within A Year May Be Charged Together.

1. When a person is suspected of committing more than one offence of the same during a twelve-month period, regardless of whether or not the crimes were committed against the same person, he may be charged with, and prosecuted for, any number of them not exceeding three.
2. When two or more offences are punished by the same amount of penalty under the same provision of the Indian Penal Code or other special or local legislation, they are said to be of the same kind. As per the said provision, an offence punishable under section 379 of the Indian Penal Code (is deemed to be an offence of the same kind as an offence punishable under section 380 of IPC.

CASE LAW – Abdul Majid Vs. Emperor, (1906) ILR 33 Cal 1256

It was stated that Section 219 of CrPC applies to the case of a single accused and is not applicable where several persons are tried jointly.

SECTION 220 OF CrPC- Trail For More Than One Offense

1. If the same individual commits more than one offence in a series of acts so interrelated as to form the same transaction, he may be charged with and prosecuted for all of them at the same time.
2. When a person accused of committing one or more offences of criminal breach of trust or dishonest misappropriation of property as defined in Subsection (2) of section 212 or Subsection (1) of section 219 is also accused of committing one or more offences of falsification of accounts for the purpose of facilitating or concealing the commission of that offence or those offences, he may be charged with, and tried for, all of them at the same time.
3. If the claimed activities come under two or more independent definitions of any legislation that exists at the time that defines or punishes crimes, the accused may be charged with and prosecuted for each of the offences in a single trial.
4. If several acts, each of which would constitute an offence if done alone or separately, when combined constitute a different offence, the person accused of them may be charged with, and tried for, the offence constituted by such acts when combined, as well as any other offence constituted by any one, or more, or such acts.
5. The said provisions have no bearing on section 71 of the Indian Penal.

CASE LAW- Babula Shailendra Nath Vs. The King Emperor, 1938

It was held that the Privy Council has held that the identity of time is not an essential element in determining whether certain events form the same transaction within the meaning of section 220 of CrPC.

SECTION 221 CrPC- WhereIt Is Doubtful, What Offense Has Been Made

1. If a single act or series of acts is of such a nature that it is unclear which of several offences the facts that can be proven will constitute, the accused may be charged with all or any of the offences, and any number of such charges may be tried at the same time; or, in the alternative, he may be charged with having committed some one of the said offences.
2. If the accused is charged with one crime and it is proven in evidence that he committed another crime for which he might have been prosecuted under Sub-Section (1), he may be found guilty of the crime that he is proved to have committed.

CASE LAW- Shamnsaheb M.Multtani v. State of Karnataka (AIR 2001 SC 921)

It was stated that when an accused was charged with one offense, and acquitted of the charge, he cannot be convicted under alternative charges when no notice was given to the accused calling upon him to enter his defense for the alternative change.

SECTION 222 CrPC- When Offense Proved Included In Offense Charged

1. When a person is charged with an offence including many particulars, a combination of which constitutes a full minor offence, and such combination is proven, but the other particulars are not, he may be convicted of the minor offence, even if he was not charged with it.
2. When circumstances are proven that reduce an offence to a minor offence, a person might be convicted of the lesser offence even if he was not charged with it.
3. When a person is charged with a crime, he may also be convicted of attempting to commit that crime, even though the attempt is not prosecuted separately.
4. Nothing in this section shall be construed to allow a minor offender to be convicted if the circumstances for the start of proceedings in relation to that minor offence have not been met.

EXAMPLE- A is charged with criminal breach of trust in respect of goods entrusted to him as a carrier under section 407 of the Indian Penal Code. He appears to have committed criminal breach of trust in relation to the property under section 406 of that Code, although it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said section 406.

SECTION 223 OF CrPC-What Person May Be Charged Jointly

The following individuals may be charged and tried as a group: -

1. Persons accused of the same offence committed in the same transaction;
2. Persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence;
3. Persons accused of more than one offence of the same kind, within the meaning of section 219, committed by them jointly within the period of twelve months;
4. Persons accused of different offences committed in the same transaction;
5. Persons accused of theft, extortion, cheating, or criminal misappropriation, and of receiving or retaining, or assisting in the disposal or concealment of property allegedly transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence;
6. Persons accused of offences under sections 411 and 414 of the Indian Penal Code
7. Persons accused of any offence under Chapter XII of the Indian Penal Code relating to counterfeit coin, as well as 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 of the former part of this Chapter shall, to the extent be applicable, apply to all such charges:

• Provided, however, that where a number of people are charged with separate offences and none of them fall into one of the categories set out in this section, the Magistrate or Court of Sessions may, if they request it in writing, and if he is satisfied that they will not be prejudiced and that it is expedient to do so, try all of them together.

CASE LAW- Lalu Prasad Vs. State, [(2003) Appeal (crl.) 1068 of 2003]

It was stated that the provision of the joint trial is an enabling one and therefore, the Court is not obliged to conduct the trial of these cases jointly even if these offenses are committed by any one person and are a part of the same transaction. It lies at the Court’s discretion.

SECTION 224 OF CrPC- Withdrawal Of Remaining Charges On Conviction On One Of Several Charges

When a charge containing more than one head is framed against the same person, and one or more of them is convicted, the complainant, or the prosecuting officer, may, with the Court's consent, withdraw the remaining charge or charges, or the Court may, on its own motion, stay the investigation into, or trial of, such charge or charges, and such withdrawal shall have the effect of an acquittal on such charge or charges unless the convict is found guilty.

FRAMING DEFECT IN CHARGES

There is a case where the charges leveled against the accused contain an inaccuracy. Sections 215 and 216 of the Criminal Procedure Code must be read in conjunction with Section 464 of the Code of Criminal Procedure.

CONCLUSION

In a criminal trial, the charge is the cornerstone of the allegation, and much care must be taken to ensure that it is not just properly stated, but that evidence is only presented in relation to the charges. Recently,the Supreme Court emphasized that the powers conferred by Section 319 of the Code of Criminal Procedure are a discretionary and unusual one that should be used with caution.