CrPC Section 211 – Contents Of Charge

The term charge is not defined in our criminal laws. It is simply an accusation. It is essential as, through the framing of charges, the court informs the parties about the offence for which the accused is tried. Section 2 (b) of CrPC states that a charge shall include the head of charge when there is more than one head. In the Navjot Singh Sandhu vs. State of Punjab (2005) case, the Supreme Court held that a charge is the first formal notice given to the parties that direct the trial.

Role Of Charge In A Trial

In the case of V.C. Shukla vs State (1980), the court stated that the purpose of a charge is to give intimation to the accused so that he can prepare his defence. Its importance in a trial must be supported. It serves the following purposes:

1. It informs the accused about the offence for which he is being tried.
2. Giving the accused a fair opportunity to defend the charge ensures a fair trial.
3. It sets the direction and scope of the trial. The court will not discuss anything except these charges.
4. It helps the court focus on the critical issues.

Contents Of A Charge Under Section 211 Of CrPC

Section 211 of the CrPC governs charges. It details what a charge should cover and what not. These are the particulars that a charge should include to give a proper understanding of the offence that the person is being charged with:

1. Offence: The charge should state the offence with which the accused is charged. If a person is charged with theft, the facts should be mentioned. So it becomes clear what offence he is being charged with.
2. Name: The offence should be named specifically as well. It's not just the act and its description but also the name given to it by law.

For example, while the accused group was trying to commit robbery, they killed a person. They should not be charged for theft and murder separately.

But if the accused are five or more, the name of the offence should be dacoity with murder. It's a separate offence, including robbery and murder.

1. If the law doesn't give it a proper name, it should have its own definition. This will clarify the offence he is charged with and its consequences to the accused.
2. Law and section: Every offence is given a section number in the Indian Penal Code. So, a charge should not only name the offence but also mention sections about it. If a person is charged with kidnapping, then just saying that will not be sufficient. It should mention Section 363, which provides for its punishment.
3. Fulfilment of requirements: If a charge is levelled against a person, his acts constitute that particular offence. It fulfills all the requirements of the offence. If a person is charged with extortion, it means the following:
   1. The accused caused injury and fear to the victim.
   2. He did it intentionally.
   3. With fear caused, he induced the person to
   4. Deliver valuable security.
4. Language of the court: The charge should be written in the court language to be easily understandable.
5. Previous conviction: If the accused person has been previously charged with an offence, his charge should also mention that.

Particulars Related To Time, Place, And Person

As per Section 212, a charge should also include details about the time and place of the offence. This allows the accused to get sufficient clarity on the offence. If a person is charged with theft. It should mention what was stolen, when and where, etc.

Manner Of Committing Crime In A Charge

If the details mentioned in the charge are still insufficient, then the charge should also cover how the alleged offence was committed. If a person is charged with giving false evidence in a place, then the charge must mention the details. It should state what evidence he gave, when, how, etc.

Alteration Of Charge

It must be noted that even though a charge is set in its way, it can be altered. If the court feels a need to change or add another charge, it can be done anytime before the court. In the final judgement, the court must remember to read and explain any modification in charge to the accused. If required, the court can initiate a new trial. Otherwise, if no prejudice is caused to the accused, then it can be added to the ongoing trial of the accused.

Joinder Of Charge

The general rule is that every charge shall have a separate trial. So, no two charges can be tried together in one trial. It is provided under Section 218 of CrPC. However, Sections 219, 220, 221, and 223 are exceptions.

Section 219 provides that if the offences are of the same kind, they can be tried together. For example, Sections 379 and 380 of IPC.

Section 220: If more than one offence is committed by the same person or in the same transaction, they can be tried together. For example, A commits a robbery and kills B to stop him from calling the police. The charges of theft and murder can be tried together.

Section 221: If the act committed is of a nature that constitutes several offences, they can be tried together.

Section 223 provides a list of the persons that can be tried jointly.

Error In Framing Charges

If there are any errors or omissions in the framing of a charge that doesn't lead to failure of justice or miscarriage of trial, it can be excused. This is dealt with under Sections 215 and 464 of CrPC.

Case Laws On Charge

Prema S. Rao vs. Yadla Srinivas Rao (2003)

Here, the question was if the accused can be charged with abetment of suicide under Section 306 of IPC when there is no charge for it. The court held that omission to frame a charge doesn't disable the court from convicting the accused for the offence that is found to have been proved.

Ranchod Lal vs State of Madhya Pradesh (1964)

The court held that the failure to mention the particular offence in a charge due to the nature of the information does not vitiate the whole proceedings.

Bhagwat Das vs State Of Orissa (1989)

In this case, the court highlighted that the charge and its framing may contain immaterial irregularities. These defects should not affect the trial as they are not significant and do not impact the rights of the accused.

HC In Its Motion vs. Shankaroon (1982)

The court held that merely mentioning the section with which the accused is charged without explaining the substance is a serious defect. It amounts to a breach of procedure.

Conclusion

The charge is a fundamental element of a criminal trial. It serves as a formal accusation, providing the accused with clear notice of the offence they are being tried for, and outlines the framework for the trial process. A well-constructed charge is essential for ensuring that the accused can mount a proper defense, and that the trial is conducted fairly and within the bounds of the law. The Criminal Procedure Code (CrPC) lays down specific provisions for framing charges, ensuring that the accused is informed of the offence, the law under which they are charged, and the facts of the case. While errors in framing charges may be excused if they do not result in a miscarriage of justice, the charge must clearly outline the elements of the crime and the circumstances surrounding it. Ultimately, the charge provides a foundation for a just and transparent trial.

FAQs On Charges In Criminal Trials

Here are some frequently asked questions (FAQs) regarding charges in criminal trials to help clarify key aspects of the charge process and its role in ensuring a fair trial.

Q1.What is the purpose of a charge in a criminal trial?

A charge informs the accused of the offence they are being tried for and provides them with the necessary details to prepare their defense. It sets the scope of the trial and ensures fairness by guiding the court and the accused on the issues to be addressed.

Q2.Can the charge be altered during the trial?

Yes, charges can be altered or modified during the trial if the court deems it necessary. However, any such modification must be explained to the accused, and, if required, a new trial may be initiated to avoid prejudice.

Q3.What happens if there is an error in framing the charge?

Errors or omissions in framing a charge that do not affect the substance of the case or lead to a miscarriage of justice can be excused under Sections 215 and 464 of the CrPC. The trial may proceed despite minor defects in the charge.

Q4.Can multiple charges be tried together?

Yes, certain charges can be tried together under specific circumstances, such as when the offences are of the same kind, committed in the same transaction, or if the act constitutes multiple offences. These exceptions are outlined in Sections 219, 220, and 221 of the CrPC.

Q5.What details must be included in a charge under Section 211 of CrPC?

A charge must include details such as the specific offence, the law and section under which the offence is punishable, the facts constituting the offence, and any previous convictions of the accused. Additionally, the time, place, and manner of the offence should be specified to give the accused full clarity on the charges against them.

Ref:

https://www.drishtijudiciary.com/to-the-point/bharatiya-nagarik-suraksha-sanhita-&-code-of-criminal-procedure/the-charge

https://capitalvakalat.com/blog/section-211-crpc/

https://blog.ipleaders.in/need-know-charge-criminal-procedure-code-1973/

https://blog.ipleaders.in/all-about-charge-and-omission-under-crpc/