Meaning of Charge
Charge is an important step in a criminal proceeding which separates the stage of enquiry from a trail.
According to Section 2(b) charge means and includes – any head of charge when the charge contains more heads than one.
The above definition does not give the clear meaning of charge. Section 2 (b) prescribes only format of the charge. And therefore the word charge may be defined with the help of section 211 to 214.
On the basis of section 211 to 214 charge means –
a written allegation which is made by the court of law which states that the person against whom proceeding is proposed whether known or unknown has committed any offence and also states that which place and time or against whom offence has been committed. In certain cases it also states that by which manner offence has been committed.
Contents of the charge
Contents of the charge may be classified into two categories –
- General contents
- Particular Contents
General Content
General contents of the charge are are mentioned in section 211 and 212. Which may be explained as follows –
Contents mentioned under section 211.
According to Section 211 the charge shall contain following contents –
- Name of the offence
- Relevant section under which it is defined.
- Relevant act by which it is made punishable
- If the relevant Act does not give any specific name then full description of the offence must be stated.
- Charge must be framed in the language of the court.
Content mentioned under section 212
According to Section 212 (1) following content must be stated in the charge-
- The time at which offence has been occurred
- The place at which offence has been occurred
- The person or thing against whom offence was committed.
Besides above where the accused is charged which criminal breach of trust or misappropriation of money or movable property then in such case following contents must be specified in the charge –
- The gross amount which watch misappropriated.
- The time during the offence was committed.
Particular contents
Particular contents are given under section 211 (7) and 213 which may be explained as follows –
- Facts relating to previous conviction
- Manner of committing offence.
Facts related to previous conviction
According to Section 211 (7) where the accused has been previously convicted for which he is liable for enhanced punishment then in such a case facts relating to previous conviction shall also be stated in framing of charge.
Manner of commission offence when to be stated
According to Section 213 if the case is of such a nature that the particulars mentioned under section 211 and 212 do not give the sufficient notice of the matter with which accused is charged only then the manner in which alleged offence was committed shall be stated in the charge.
Meaning of expression used in the charge.
According to Section 214 words used in the charger shall have the same meaning as given to them by the relevant Act.
Is defective charge fatal to the prosecution ?
According to Section 215 the defective charge shall not be fatal to the prosecution unless omission or mistake is of material nature.
According to Section 215 omission or mistake will be said material if the accused was mislead and it has occasioned the failure of justice.
Effect of defective charge and proceeding
According to Section 464 if the court of appeal, Court of revision, Court of confirmation is opinion that by such error or omission has impact of failure of justice in such case –
- If the trial is not concluded the court will order to new trial.
- If the trial is concluded then in such case the court may do any of the following –
• Court may order for re-trial of the case.
• if the chargesare groundless then the court may quash the whole proceeding.
Alteration in charges.
Section 216 and 217 deals with the alteration in charge.
According to Section 216 Court may alter the charge at any time but before the judgement is pronounced.
According to Section 216(1) to 216(5) the court shall follow the following procedure after alteration in charge –
Reading and explaining the charge so altered
According to Section 216 (2) immediately after alteration in charge the court shall read the charge to accused and shall explain to him.
Procedure where prejudice is not caused to the prosecution or defence
According to Section 216 (3) if there is no prejudice to either party by charge then the court shall proceed with the charge.
Procedure where prejudice is caused to any party.
According to section 216 subsection 4 the court may do any of the following – the may direct for new trial or Court may adjourn the preceding for a certain period as may be necessary.
Procedure where previous sanction is required.
According to Section 216 (5) where altered charge is of such nature that previous sanction for the prosecution is mandatory. Then in such cases the court shall not proceed with the case unless the previous sanction is not permitted by the prosecution.
Re-calling of witness.
According to Section 217 the prosecution or the defence after alteration in charge may move the application for any of the following purpose –
- Recall of witness
- Re-summons of witness
- Re- examine witness
The above mentioned provisions cannot be claimed as a matter of right by the parties because right conferred under this section are subject to the discretion of the court.
In other words if the court is of opinion that such application has made with intent to delay the proceeding or vogue the court may reject the application.
