FRAMING OF

CHARGE
By:
Ms. Preety Anand
Assistant Professor (Law)
Chanakya National Law University, Patna.
 What is Charge?
• It simply means accusation.
• Section 2(b): It includes any head of charge when the charge contains more heads than one.
• It signifies a “formal accusation” in writing against a person that he has committed an
offence.
• Chapter XVII: (Section 211-224)
A. Form
B. Joinder
• Form u/s 211-214
• Error and alteration of charge u/s 215-217
 A formal charge in
warrant writing is essential
case
It is enough if the
summons substance is stated
to the accused
 Form and Content of Charge
• Section 211-213
1. State the offence: specific name of the offence, if so created under law. Otherwise, definition of offence.
2. Law and section
3. Language of the code
4. Fact, date and place of previous conviction, if any, by the reason of which punishment shall be enhanced
5. Time and place of the alleged offence.
6. Person against whom or thing in whose respect, offence is committed
7. Manner of commission of offence in some cases.
• The fact that a charge is made is equivalent to a statement that any legal condition required by law
is fulfilled.
• Format: Form no. 32, II schedule of Cr.PC
 Alteration of Charge
1. Error u/s 215
• Includes both error and omission
• Could be related to the offence or other particulars
• Types:
a. IMMATERIAL : that doesn't mislead the accused, and
b. MATERIAL: which misleads the accused and defeats the ends of justicE
 Alteration of Charge
2. Alteration u/s 216
• Any Court may alter or add to any charge at any time before judgment is pronounced.
• Every such alteration or addition shall be read and explained to the accused.
Where immediately proceeding with the trial is not likely Proceed with the trial immediately as if the altered charge
to prejudice any party. is the original one. Subject to court’s discretion

Where immediately proceeding with the trial is likely to Either new trial altogether or adjournment of the trial for
prejudice any party as long as necessary.

Where previous sanction is required Until sanction is obtained

 Alteration of Charge
3. Recall of witnesses when charge altered u/s 217
• If an alteration/addition to the charge has been made after commencement of the
trial, both the parties are allowed to
a. recall and resummons any witness for examination wrt such alteration/addition
b. Call any further witness.
• However, court hold a discretionary power here. Where the court is of the opinion that
the same is only for the purpose of vexation or delay or for defeating the ends of
justice, the court can deny and record reasons for doing so.
 Joinder of Charges
• Section 218-224
• General principle: Every offence of which a person has been
accused shall come under a separate charge and each such charge
shall be tried separately and distinctly.
• Exception --- Joinder of Charges --- Section 219, 220, 221,
223
 Joinder of Charges

1. Three offences of the same kind committed within a span of a year

2. Acts so connected together as to form the same transaction
3. Where it is doubtful what offence has been committed
4. Persons charged jointly
 Joinder of Charges
• K. Satwant Singh v. State Of Punjab AIR 1960 SC 266
The provisions relating to joinder of charges are not compelling in nature. They only
permit the joint trial of charges under certain circumstances, and the courts may
consider the same in the interest of the administration of justice after thoroughly
studying the facts and circumstances of each case.
• Ranchhod Lal v. State of Madhya Pradesh AIR 1965 SC 1248,
discretion of the court whether join charges or resort to Section 218. The accused
has not been given this right to resort to joinder of charges. The provisions regarding
the exceptions have only enabling nature.
THANK YOU