charge

CHARGE UNDER CrPC 1973

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INTRODUCTION AND MEANING OF CHARGE

Charge under Cr.P.C 1973 is a very important aspect in the field of criminal law, charge under Cr.P.C. It states that the offences with which the person who is accused of the charge. The motive behind the charge is to let know the accused person of the charge, in this, the right of the accused is to know about the charges of which he is framed and help him in preparing for his defence before the court of law and the most important thing is that the charge should be in writing and should be reduced to some extent so that it can be understood by the accused properly.

ESSENTIALS OF CHARGE

The essentials of the charge are as follows-

1) Stating the offence- In this, the charge should be stated that what offence has been done by the accused.

2) Describing offence by name- In this, the charge should contain the meaning of the offence by name which is specified by the law.

3) Defining and understanding of offence- The situation when the offence is not defined in the criminal law hence it is to be defined and made understandable for the accused.

4) Law and section of the law- The law which is applicable in that situation on the accused should be mentioned in the charge and the section which specifically applies should also be mention.

5) Substantive requirements of the offence to comply- In this, the charge should fulfil the requirements of the offence which is to be complied with.

6) Charge language- In this, the charge should be framed in English or the language of court and also can be in the language which is understandable by accused.

7) Accused previously convicted- In this the charge of the offence should be consist of the time, place and person of the previously committed offence by the accused.

8) Details of time, place and person- In this the information of the offence committed by the accused should be in the charge as a time of the offence, place of offence and the information of the deceased person.

9) Ways of offences committed- In the charge it should consist of how the offence which is committed by the accused.

10) The thing in respect of which offence is committed- It is very important for framing the charge that it should consist of information about the weapon which is used and property in which the offence is committed.

TYPES OF CASES WHERE CHARGE IS FRAMED

Essentially there are three types of cases as follows-

1) Session cases under section- 228 Cr.P.C 1973.

2) Warrant cases which are triable by the magistrate and in this case are instituted by police report under section 228 Cr.P.C 1973.

3) Warrant cases which are triable by the magistrate and it is instituted by a police report or can be by a private complaint under section 246 (1) Cr.P.C 1973.

LAWS IN INDIA

1) From section 211 to 217 form of charges explained.

2) From section 218 to 224 joinder of charges explained.

3) Section 227, 228, 239, 240 and 464 explains various charges.

Section 211 and 212 Cr.P.C 1973- Explains the particulars which should be available like the content of the charge, time and place of offence and the person who is affected by the act of accused.

Section 213 Cr.P.C 1973- It shall consist of the particulars of the offence which is committed in cases where section 211 and 212 are unable to describe.

Section 214 Cr.P.C 1973-  Gives a standard for translating the words utilized in the charge: It gives that in each charge words utilized in portraying an offence will be regarded to have been utilized in the sense attached to them separately by the law under which such offence is culpable.

Section 215 Cr.P.C 1973- It is stated that section 215, 464, 465 of Cr.P.C deals with the same question. As section 215 enacts that no error or omission regarded as material unless it fails justice.

Section 216 Cr.P.C 1973- It deals with the alteration of charges to prove fair trial and produce justice to everyone and then it cannot be applied when the accused is discharged of the offence.

Section 217 Cr.P.C 1973- It deals with the cases where recalling and the re-summoning if the accused is done for the altered charges which are done.

Section 218 to 222 “Joinder of charges”- This talk about the joinder of charges against one trial and the same accused. exceptions are in section 219,220,221 and 223 of Cr.P.C 1973. The rule is such that separate is to be done. A court can order a separate trial even though the case is covered by one of the exceptions enabling a joint trial in its discretion.

CASE- Chunnoo vs State – In this case, the court held that section 223 dealt with cases where 2 persons are accused. In section 218 every distinct offence should be tried separately.[1]

EXCEPTIONS

1) When the accused himself wants to be tried jointly for the offence he committed.

2) When the accused has committed three offences of the same kind in one year then the joint trial be instituted. Manoharan v Director general of police 2002.

3) Same act constituting different offences.

4) The offence of criminal breach of trust or misappropriation of property.

CASE- Willie Slaney v State of Madhya Pradesh – It was held that if the charge is for a minor offence, no conviction to be done for the major offence. [2]

Section 224 Cr.P.C 1973- In this section, it is to be noted that when the accused is charged with 2 or more than 2 and if the gets discharge from any of the offences then the complainant must withdraw the charges from the accused of those offences which are discharged (withdrawal of charges).

Section 227 Cr.P.C 1973- In this section, it is stated that the court has the power to discharge the accused of the offences which he is charged with and this is to be done by giving reasonable ground to discharge the accused. The reason for doing such is because the law does not want to harass the accused when there is no prima facie case on the accused.

WHEN CHARGE IS FRAMED?

CASE- Union of India v. Prafulla Kumar [3]

Important aspects to be explained as follows-

1) Before framing the charges, the judge needs to consider the genuineness of the evidence to conclude whether it is a prima facie case or not.

2) Where the accused is clearly explained with materials and the accusation against him then in this the court is fully justified in framing charges and start the trial.

3) In the situation where the documents have proved that there is no grave accusation on the accused then in his opinion, he can discharge the accused.

4) under Section 227 of the Code, while exercising his jurisdiction, the total effect of the evidence and the document produced by the court, and any other basic infirmities appearing in the case and so on. Hence the judge should not make roving enquiries into the pros and cons of the case and weigh the evidence as if he was conducting a trial.

CONCLUSION

In this article, we have discussed all the provisions and the cases which are of great importance, hence the topic charge is very crucial in the initial stage of instituting the case it also helps in distinguishing whether the accused is the actual offender or not by explaining it through the case is prima facie or not in its initial stage.

REFERENCES

[1] AIR 1954 All 795.

[2] 1956 AIR 116, 1955 SCR (2)1140.

[3] 1979 AIR 366, 1979 SCR (2) 229.

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