A charge in criminal law is a formal accusation made against a person, stating that they have committed a specific offence under the law. In India, the concept and procedure of framing charges are governed by the Code of Criminal Procedure, 1973 (CrPC). It forms a critical stage in the criminal justice process, indicating the commencement of the trial.
What is a Charge?
- A charge is a precise statement of the offence which the accused is alleged to have committed.
- It informs the accused of the specific allegations, enabling them to prepare an effective defense.
- It marks the transition from inquiry to trial and ensures transparency and fairness.
Legal Provisions Related to Charge under CrPC
The procedure and rules regarding charges are primarily covered under Sections 211 to 224 of the CrPC.
Key Sections:
- Section 211: Contents of charge
- Section 212: Particulars as to time, place, and person
- Section 213: When manner of committing offence must be stated
- Section 214: Words in the charge taken in sense of law under which offence is punishable
- Section 218: Separate charges for distinct offences
- Section 219–221: Joinder of charges
- Section 228: Framing of charge by a Sessions Court
- Section 240: Framing of charge by a Magistrate in warrant cases
Contents of a Charge (Section 211)
- The offence name with which the accused is charged
- The law and section of the law under which the offence is punishable
- The time and place of the offence, and the person against whom or thing in respect of which the offence was committed
- The manner of the offence, when necessary
Framing of Charges
In Sessions Trial (Section 228 CrPC):
- The Judge frames the charge if there is prima facie evidence.
- The charge is read and explained to the accused, and they are asked to plead guilty or claim trial.
In Warrant Cases by Magistrate (Section 240 CrPC):
- Charges are framed after considering the police report and hearing the accused.
- Similar process of reading and pleading applies.
Joinder of Charges (Sections 219–221 CrPC)
- Section 219: Three offences of the same kind within 12 months can be charged together.
- Section 220: Offences committed in the course of the same transaction may be tried together.
- Section 221: When it is doubtful which offence was committed, multiple charges may be framed.
Alteration or Addition of Charges (Section 216 CrPC)
- The court may alter or add charges at any time before the judgment is pronounced.
- The accused must be given a fair opportunity to defend against the new or altered charge.
Important Case Laws on Charges
Kanti Bhadra Shah v. State of West Bengal (2000)
- The court held that it is not mandatory for the Judge to give elaborate reasons for framing a charge if the material on record supports it.
State of Maharashtra v. Salman Salim Khan (2004)
- The court observed that a charge should not be framed merely on suspicion or conjecture. There must be sufficient evidence.
Importance of a Charge
- Ensures fair trial principles by informing the accused of the exact allegations.
- Allows the accused to prepare a defense strategy.
- Prevents the misuse of judicial process by confining the scope of the trial to the charges framed.