Framing of Charge

In all criminal cases, the accused is to be notified as to the charges levied against him. Such
information must be precise, clear and in accordance with the specific language of the law.
The ‘Charge’ is then to be read and explained to the accused person (in Warrant case and
case before the Court of Session). Responsibility lies in every criminal trial to ensure that
charges are properly framed and the evidence adduced is in connection with the offenses
charged.

 However, the judge isn’t required to hear the accused at this stage. He is only required
to be convinced that there is a prima facie case against the accused. While no reasons
are required to be mentioned for the framing of charges, the magistrate is bound to
give reasons in writing in case he discharges the accused.

 Provisions pertaining to charge are provided u/s. 211 to 224 and 464;

1. S. 211 – 214: what charge should contain

2. S. 216 – 217: the power of court to alter the charge
3. S. 218: separate charge for every distinct offense
4. S. 219, 220, 221 & 223: exceptions to the above rule
5. S. 222: when accused can be tried of offenses he hasn’t been charged with
6. S. 224: effect of withdrawal of charge on remaining charges
7. S. 215 & 464: effects of error in stating the offense or other particulars in the
charge.

 S. 2(b) gives a very vague definition of ‘charge’ – “charge includes any head of the
charge when the charge contains more heads than one”.

Form and Content of Charge

s. 211 mentions the details to be specified in the charged in connection with the offense
accused to have been committed;
 1. State the offense [s. 211(1)] – in case of more than one accused case should be
considered against each one of them to find out which offense was prima facie
made out against each of them.

2. Name the offense as mentioned in law (if mentioned in law) [s. 211(2)]

3. In case no name is mentioned in the law, then a definition must be stated to

give notice to accused [s. 211(3)]

4. Law and section of law against which offense has been committed shall be
mentioned to the accused [s. 211(4)]

5. Charge as a statement must mention the fulfillment of every legal condition

required by Law [s. 211(5)].

6. The charge shall be written in the language of the court [s. 211(6)]

7. The mentioning of a previous or subsequent offense of the accused that may

increase punishment [s. 211(7)]

8. Particulars as to time and place of said offense, the person against whom it is
alleged and the thing in respect to which it was committed. [s. 212(1)]

9. The above rule is relaxed in criminal breach of trust and dishonest

misappropriation. [s. 212(2)]

10. When particulars under s. 211 and 212 are insufficient for the accused to
prepare then all other relevant information must be mentioned. [s. 213]

Alteration of Charge and procedure to follow for such alteration

u/s. 216(1) of the Code any court can alter or add charges any time before the judgment is
pronounced. The power of the section can be utilized to rectify any error in the framing of
charges.
  Ample power to amend charge has been given to both trial and appellant court.
Although the amending power is wide the courts must act judiciously in using it.
Alteration must not be made that prejudices the accused.

Power to alter charge

No restriction on the power of courts to alter charges framed. Procedure to be followed after
alteration;

1. Every change in the charges to be read and explained to the accused [s. 216(2)]
2. On alteration, if proceeding with the trial isn’t possible immediately then the court
may regard the amended charges as original ones. [s. 216(3)]
3. In case one alteration if proceeding with the trial is possible immediately then the
court may direct a new trial or adjourn the present trial for a necessary period.
4. If the altered or added offense is such that previous sanction is necessary for
prosecution, then such must be obtained before proceeding.
5. Where alteration has been made after the commencement of trial, the prosecution and
accused can;
a. Resummons or recall any witnesses in a relation such alteration.
b. To call any further witnesses court may think to be material [s. 217]

Joinder of Charges

 It has been noted in landmark judgments that the sections pertaining to joinder of
charges or persons are permissive rather than compelling. The court may itself have
the charges split up and tried in the interest of justice in light of the circumstances of
the case.

 The code under s. 218 require a separate charged to be the frame for every offense.
However, such sections are needed only for distinct offenses and not every offense
named in particular. Offenses are said to be distinct when they are non-identical and
in no way are interrelated.
  A departure from this rule has happened time and again, the courts in such cases have
answered the question whether the framing of charges in a manner different from the
authorized manner has caused the failure of justice.

Exceptions to the General Rule

1. Three offenses of the same kind within same year may be charged together.
2. Offenses committed in a court of the same transaction charged at one trial
3. Offenses of criminal breach of trust or dishonest misappropriation of property and
similar offenses of falsification
4. Same act falling under different definitions of offenses
5. Acts forming an offense, also forming different offenses when taken separately or in
the group.
6. Where it is doubtful what offense has been committed – charge accused with all or
any of the different but connected offenses.
7. Certain persons may be charged jointly – same offense, same transaction (read s. 223)

Power of Court to order a separate trial in cases where joinder of charges or offenses is
permissible.

Under the code in case of multiple offenses, separate trial is the rule and joint trial is the
exception. The exceptions to the general rule are only enabling provisions. The court has the
discretion to order separate trial even when the case is covered by one of the exceptions.

Withdrawal of remaining charges on the conviction of one of several charges

S. 224; comes into play when the accused is convicted of one of several distinct charges
before other charges are tried. In such a scenario the complainant or the officer in charge of
conducting the prosecution, etc. may withdraw the remaining charges. The court may itself in
its own accord stay the inquiry into the remaining charges.

Effect of Omission to the frame, or absence of, or error in the charge

Refer to s. 464.

The object of such provision is to prevent failure of justice due to insignificant breaches in
rules of the formulation of charges.