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The word charge is not defined in the CrPC although it is used in many where and specifically in
section 4 (1c) the object of charge is to inform the accused of the offences with which he is
charged and will be tried.

Framing of charge: after submitting charge sheet the court shall scrutinize the evidences and may
discharge the accused but if the court considers that there are reasonable and credible grounds to
proceed on with the case, the court (Judicial Magistrate) shall frame a charge under section 242
and section 265D by the Court of Session. A trial starts with the framing of charge.

Contents of a charge:

Section 221 to 224 of the CrPC states the particulars which should be included in the charge:

1) Statement of the offence with which the accused is charge (Sec 221)
2) Specific name of the offence if any and if no names is specified the definition of the
offence must be stated (221)
3) Specific name and section of the law (221)
4) Statements of previous conviction (565/221), if any
5) A statement that every legal condition required by law to constitute the offence charged
was fulfilled in the particular (221)
6) Particulars as to time and place of the alleged offence and the person against whom or the
thing (if any) against which the offence was committed (222).
7) If the offence charged with is criminal breach of trust or dishonest misappropriation of
property (money) the gross sum and date should be mentioned (222)
8) When particulars mentioned in section 221 and 222 do not give the accused sufficient
notice of the matter with which he is charged the charge shall also contain such
particulars of the manner in which the alleged offence was committed (223)
9) The charge shall be written either in English or in the language of the court and the words
used in describing an offence shall be used in the sense of law (221/224).

Alternation or addition in charge and its effects in criminal proceedings:

Section 227 (1) states that “Any Court may alter or add to any charge at any time before
judgment is pronounced. (2) Every such alteration or addition shall be read and explained to the
accused.”

The effect of addition or alteration in charge can be summarized as follows:-

1) Alteration or addition shall be read and explained to the accused so that he can meet and
defend the new altered charge (227)
2) If the alteration or additions under section 227 Is not prejudice the accused in his defense
or the prosecutor in the conduct of the case the court may, in its discretion proceed with
the trial as if the new or altered charge had been the original charge (228)
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3) If the court considers that the alteration or addition shall prejudice the accused or the
prosecutor in the conduct of the case, a new trial will be directed or adjourn the trial for
such period as may be necessary. (229)
4) If the offence in new or added charge requires previous sanction, the case will not be
proceeded with until the sanction is obtained (230)
5) Whenever a charge is altered or added by the court after the commencement of the trial
the prosecutor and the accused shall be allowed-
a. To recall or re summon and examine with reference to such alternation or addition
any witness who may have been examined and
b. To call any further witness whom the court may think to be material.

Joinder of charges:

For every distinct offence of which any person is accused there shall be a separate charge and
every such charge shall be tried separately except in the cases mentioned in section 234-236 and
239 (233). the object is to prevent the inconvenience of hearing together a number of instances of
capability and the consequent embarrassment both to the judge and to the accused.

Joint charge and joint trial:

1) Section 234 provides that three offences of the same kind committed by a person within
twelve months may be charged and tried together
2) Again section 234 states that offences are of the same kind when they are punishable with
the same amount of punishment under the same section of the penal code or of any
special law will be charged and tried together, e.g. theft under section 37 and 380 of are
of same kind
3) Under section 235 if in one series of acts so connected together as to form the same
transaction more offences than one are committed by the same person he may be charged
with and tried at one trial for every such offences e.g. criminal misappropriation of
property.
4) When the same act constitute an offence falling within two or more separate definition of
nay law the accused may be charged with separately but can be tried in one trial for each
of such offences. (235-11)
5) When several acts of a person constitutes a particular offence, when combined constitutes
a different offence, the person accused of them may be charged separately but can be
tried in one trial. (235-4). Section 71 of the penal code has similar provision.
6) Under section 236 when it is doubtful what offences has been committed in a single act
or series of acts, the accused may be charged with all or any of the offences and may be
tried in one trial.
7) Under section 239 the following person may be charged and tried together namely-
239.
a. persons accused of the same offence committed in the course of the same transaction;
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b. persons accused of an offence and persons accused of abetment, or of an attempt to

commit such offence;
c. (c) persons accused of more than one offence of the same kind, within the meaning of
section 234 committed by them jointly within the period of twelve months;
d. persons accused of different offences committed in the course of the same
transaction;
e. persons accused of an offence which includes theft, extortion, or criminal
misappropriation, and persons accused of receiving or retaining, or assisting in the
disposal or concealment of, property possession of which is alleged to have been
transferred by any such offence committed by the first-named persons, or of abetment
of or attempting to commit any such last named offence;
f. persons accused of any offence under sections 411 and 414 of the Penal Code or
either of those sections in respect of stolen property the possession of which has been
transferred by one offence; and
g. persons accused of any offence under Chapter XII of the Penal Code relating to
counterfeit coin, and 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;

It is important to mention that section 233 to 238 have provided for joinder of charges
against the same person in the same trial while section 239 provides for joinder of
charges against more than one accused person in the same trial.

A Person charged with one offence may be convicted of another offences-Explain

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