PAHUJA LAW ACADEMY

Lecture Note:

Judgment Writing [Cr. PC]

A charge simply means an accusation:

Under this code its formal accusation in writing against a person that he committed an offence by
the Magistrate.

Charge

A. Form Charge B. Joinder of Charge.

Content of charge Effect of Error Alteration & Addition

211-214 215 216-217

1. Separate charge / trial for 2. Trial to be limited to 3. One trial several 4. Doubtful
distinct offence 218 3 offences (219) offence 220 what offence
committed
221

A charge in defined under Section 2(b) of Cr. PC as including any head of charge, if the charge contains
more than one head. It separates inquiry from a trial. In Birich Bhuijan, 1963 it was defined as a pre-
formulation of a specific accusation made against a person of an offence alleged to have been committed
by him.

The purpose of a charge is to tell the accused, as precisely and concisely as possible, about the matter
with which he is charged the forms in which the charges may be framed are set forth in.

 Section 211 – 214 - Contents of charge.

 Section 215 - Effect of error
 Section 216 – 217 - Power of the court to alter the charge
 Section 218 - Basic rule (No JOINDER)
 Section 219 – 221 - Exception (when we can do joinder)
or 223
 Section 222 - When offence proved included in offences charged
 Section 224 - Effect of withdrawal

2(c) definition of charge (form No. 32 schedule II)

Use punishment section of IPC to state in charge and language of definition section of offence.

Section 211, Contents of charge

1. State offence
2. Exact name of the offence
3. Definition if name not given
4. Law and Section of Law
5. Fact that charge is made is equivalent that every legal condition is fulfilled.
6. Charge in language of court. (Article 348, Constitution 272 – State government )
7. Previous Conviction to enhance punishment.
Mention Section 75 IPC
Example:
I – 3 Years
IPC Form no. 32 of CRPC – change no. III
II – 5 Years

Convicted I time – 3 years

II time – Proof of conviction 298 – enhanced punish
Imprisonment 3 years or up
Section 75 IPC – Chapter 12 or chapter 17
Subsequent - L II or
- 10 Years
`Section 30 and Section 31 Cr PC

212: - Particular as to time, place and person:

1. Provide particular like time, place & person to give clear notice of the matter to the accused for
which he is charged.
2. the exact time need not be mentioned in case of criminal breach of trust or dishonest
misappropriation
 Sufficient to mention dates b/w which it was committed & gross sum

 This charge shall be of one offence as under Section 219(3) offences of same kind w/1 1 years)
 Time included b/w first to past offence shall not extend 1 years

213: Manner of committing offence : The charge shall contain manner in which the alleged offence was
committed when the particulars mention under Section 211 & 212 do not give sufficient notice of the
matter.

214: Word in charge : Words used in charge shall be deemed to have been used in the same sense as
they were under the law in which its punishable.
For example: 1) Robbery being aggravated form of theft on extortion
2) Dacoity is 5 or more person.

Error
215: Effect of error: Any error or omission shall not be agented as material unless the accused is misled
and it has occasioned a failure of justice.

Wife
X Abets  Y  Commit A All chief cross
Suicide B
C Chief cross
X not only abetted, but CBT & Co. 306 + 406. Then already
Examined witness be recalled.

Alteration and Addition (216-217)

216: Alter: It can be done at any stage before the judgment is pronounced.
  Alteration after conclusion of trial is permissible
 The charge shall be explained to the accused as to enable him to prepare to meet fresh
challenges.
 If the court is of the that alteration is likely to prejudice the accused or prosecution then court
may order fresh trial or adjourn it.
 The case shall not move forward unless the Sanction is obtained in respect of the facts
constituting offence.

217: Recall Witness: -

1. Already examined witnesses can be recalled. Unless the court considers that such recalling is for
purpose of vexation on delay or for defeating ends of justice.
2. To call any further Witness.

Union of India vs. Prafulla Kumar 1979

At the stage of framing a change what the court has to consider is whether and the general consideration
of the materials placed before it there is a prima facie case, against the accused. At that stage court is not
excepting to inking if there is sufficient ground for conviction of accused.

Joinder of charges
218 – 222: Provides joinder of charges against same accused.

Basic Rule: separate charges for distinct offence.

218 – Desire of the accuse (proviso.)
219 – Three offence of same kind w/1 one year
220 – Offences in course of same transaction
220(2) – Offences of CBT or misappropriation of property connected with falsification of accounts.
220(3) – Same act constitute different offences
220(4) – Same acts constituting one & also different offence.
221 – Where it is doubtful what offence is committed.

220 Example : one accused different victim

A  In Lawful Custody Z rescued

One trail for given hint to constable

Joined offence

221 B  Valuable Movable Property

cannot find it

Theft
A has custody doubt Recovery stolen property
Criminal breach of trust