3/25/2020 Meaning, Form and Content of Charge under the Cr.P.

C, 1973

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Home  »  Criminal Procedure   »   Meaning, Form and Content of Charge under the Cr.P.C, 1973

Meaning, Form and Content of Charge under the

Cr.P.C, 1973
By Ashish Agarwal | February 4, 2020 0 Comment

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3/25/2020 Meaning, Form and Content of Charge under the Cr.P.C, 1973

Introduction

Section 2 (b) of the Code of Criminal Procedure, 1973 (hereinafter, ‘CrPC’) de nes ‘charge’ in
an inclusive manner. According to this provision, the charge includes any head of the charge
when there are more heads than one.

The de nition of charge in CrPC is very vague and beyond the comprehension of a layman.
Before de ning charge in simple terms, it is vital to decode this de nition and understand
what CrPC wants to say about the de nition of charge. A person can commit several
o ences by his one single act.

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For instance, A stole all the jewellery in B’s house by keeping the inmates at gunpoint. Here,
A has committed house-trespass, theft, theft in a dwelling house, illegal possession of arms,
assault and so on and so forth.
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3/25/2020 Meaning, Form and Content of Charge under the Cr.P.C, 1973

Thus, when a criminal prosecution initiates, the Magistrate charges the accused and informs
him of the number of o ences that have been alleged against him. All these o ences are
called heads of charge and all of them individually and together are known as ‘charge’. This is
contemplated by Section 2(b) of the CrPC.

Meaning of Charge

There is a di erence between a de nition and a meaning. The de nition is the speci c words
used by an authority to explain a term or phrase whereas meaning is the explanation if that
de nition in simple and lucid terms.

The de nition has already been stated in the aforementioned paragraph. The term charge, in
criminal law, basically means the allegations or o ences that have been hurled on the
person. Thus, if A is accused of theft, the charge is theft. Hence, the charge is a formal
recognition granted to the act of the accused person by a Magistrate to allow the person to
have knowledge about his act.

Purpose of Charge

The main object of charge was highlighted by Faizalali J. in V.C. Shukla v. State[1]. His
Lordship observed that the purpose of the charge is to give the precise and exact knowledge
to the accused of the o ence that he has been charged with to allow him an opportunity to
prepare for his defence.

The general practice and basic rule are that charge must be speci c and not elongated. This
allows the accused to prepare his defence on the speci c charge. Moreover, charge also
allows the Prosecutor to prepare its case and the evidence to commence the prosecution.

Every o ence puts upon the prosecutor a very di erent burden to prove its case before the
court. Though in common parlance, we say that the prosecutor has the burden to prove
beyond a reasonable doubt that the accused is guilty of the o ences charged with.

In practice, the weight of this burden changes from o ence to o ence. O ences which are
punishable with severe sentences such as imprisonment for 7 years or more levy a greater
burden on the prosecution than an o ence punishable with 3 years’ incarceration.
Therefore, it is essential that all the heads of charges are speci cally and more fully
described to allow the prosecutor to analyze the amount of evidence that would be essential
to obtain a conviction.

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3/25/2020 Meaning, Form and Content of Charge under the Cr.P.C, 1973

Charge is not a form but the charge that is levied against the accused is mentioned in the
charge-sheet which is the form of charge. The charge-sheet is a general term used for the
Final Report that the investigating authority (usually Police) is required to submit under
Section 173 of the CrPC.

The charge-sheet contains the o ences which the police suspect the accused to have
committed on the basis of the evidence that can be found during the course of an
investigation. However, the actual charges are those and actual charge-sheet is the one
where the Magistrate puts a charge on the accused.

After the accused person is arrested, the police investigate the matter and try to
arraign evidence that can be gathered. If after collecting the evidence, the police has
reason to believe that the arrested person is the accused, a nal report is prepared
which contains the charges and evidence.

The accused with the nal report is produced before the Judicial Magistrate. The Magistrate,
after inquiry, informs the accused of the o ences that he is charged with and mentions them
on a separate sheet which is the charge-sheet. This charge-sheet is the form of charge which
is Form No. 32 provided for in the second schedule of the CrPC.

Contents of a Charge-sheet

As aforementioned, the Magistrate prepares the charge-sheet of the o ences with which
the accused person is charged. Now, the question that arises is what should such form or
charge-sheet contain. Section 211 of the CrPC enlists the essentials of a charge. Further,
Section 212 and 213 provide for additional information which is to be stated in the charge-
sheet under certain special circumstances.

The contents of a charge which are must are as follows:

The title of the o ence with which the accused is charged. For instance, if the act is of stealing, the
exact title as used in Indian Penal Code must be stated, i.e. “theft”.
After the title of the o ence, the o ence must be described by explaining the act that constitutes
the o ence. For instance, the o ence is “theft” committed by stealing the properties of ‘A’.
The charge-sheet must de ne and explain the elements of the o ence with which the accused is
charged with. Every o ence has been de ned the IPC or other relevant laws and there are certain
essential ingredients to be proved. The charge-sheet must mention them. For instance, for the
o ence of theft elements are, ‘taking property out of the possession of its lawful owner’ and ‘with a
dishonest intention’.
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3/25/2020 Meaning, Form and Content of Charge under the Cr.P.C, 1973

Then the Magistrate must remember that the accused is a layman and may not be acquainted with
the law and provisions of law. Hence, the charge must contain the name of the law and the relevant
provision number.
Next are the substantive requirements that need to be conformed to. It means if there are any
exceptions to the elements mentioned before or any defence is allowed to the accused. For instance,
if the property is taken out of the possession of its lawful owner to protect it from damage, it is not
theft.
The Magistrate shall make a note to the e ect that all the essential requirements of the o ence
were ful lled in the case by the acts if the accused person(s). The Magistrate shall further explain the
facts under what the elements have been ful lled. For instance, at the time of the o ence, ‘A’ was
seen by B’s neighbour entering B’s house proves that A was at the place of crime.
The charge shall also be accompanied by an averment stating any prior conviction or any recidivism
that the accused is liable because of which he is entitled to severe punishment. This enables the trial
court to proceed with the trial quickly and easily.
The charge should also contain the particulars, i.e. details of the time when and the place where the
o ence is alleged to be committed. In a criminal trial time and place are extremely momentous. If
the accused person can show his presence at a di erent place at the same time, he can successfully
claim the plea of alibi. Hence, time and place are essential.
Further, the person or the thing against which the o ence is alleged to be committed by the accused
shall also be included. Detail of the person a ected assists in establishing the identity of the accused
and any motive for the commission of the o ence.
In case the o ence charged is in the nature of misappropriation or criminal breach of trust or any
o ence where the actual amount of money lost cannot be ascertained, a gross or approximate
amount of loss will satisfy the requirement.
Lastly, if even after specifying all the above ingredients, the Magistrate feels that the o ence is of
such a nature that the accused may not be able to understand the charges, he may as he deems
necessary to explain the o ence in his terms so as to give full and accurate knowledge to the
accused about the o ence.

Errors in Charge and its E ect

When any of the particular is not mentioned or not su ciently mentioned in the charge-
sheet, this causes an error in the charge. However, Section 215 states that any error in the
charge shall not vitiate the trial or a ect the proceeding in any manner.

In Tulsi Ram and ors. v. State of Uttar Pradesh[2], under para 12, the court was
thinking about these parts of the issue and clari ed that a grumbling about the
charge was never raised at any prior stage and the Hon’ble Judges arrived at the
resolution that the charge was completely comprehended by the appellants all
things considered and they never griped at the suitable stage that they were
confounded or ba ed by the charge.
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3/25/2020 Meaning, Form and Content of Charge under the Cr.P.C, 1973

The tragic thing is valid here. Consequently, the Court wouldn’t acknowledge any
complaint identifying with the mistake in the con ning of the charge.

References

1. N. Chandrasekharan Pillai, R.V. Kelkar’s Criminal Procedure (6th ed. 2014).

2. Ratanlal & Dhirajlal, Commentary on the Code of Criminal Procedure (18th ed.
2006).

[1] V.C. Shukla v. State, AIR 1980 SC 962.

[2] Tulsi Ram and Ors. v. State of Uttar Pradesh, AIR 1954 SC 194.

1. Introduction to the Code of Criminal Procedure and Important

De nitions(Opens in a new browser tab)
2. Basic Rules of Charge and its Exceptions

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Criminal Procedure

Author: Ashish Agarwal

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