• The word ‘Charge’ has not been defined in the CrPC.

However, it is the fundamental

principle of law that the accused should know the exact nature of the allegation
brought against him so that he may not be prejudiced in his defence. It is, therefore,
imperative that before a person is convicted of any offence he should be formally
charged, i.e., informed of the committed by him and be allowed to defend himself
against such charge. The charge in this country corresponds to an Indictment in English
law. It contains a list of offences to which the accused must plead before the trial
begins. In other words, a charge is a written document containing the description of the
offence which the court, in inquiry or trial, finds Prima facie proved by evidence before
it to have been committed by the accused and requires him to defend it.
• A charge is an important step in a criminal proceeding. It separates the
inquiry stage from trial. It is only when a prima facie case is disclosed
about a certain offence that a charge is framed the whole object of
framing a charge is to enable the defence to concentrate its attention
on the case that he has to meet, and if the charge is framed in such a
vague manner that the necessary ingredients of the offence with which
the accused is convicted are not brought out in the charge, then the
charge is defective. It contains a list of offences to which the accused
must plead before the trial begins. In other word a charge is a written
document containing the description of the offense which the court, in
inquiry or trial.
• The object of charge is to tell the accused as precisely and concisely as possible
of the offences with which he is charged and will be tried. An accused is entitled
to know with the greatest precision particularly the acts said to have been
committed and the section of the penal law infringed. If the charge does not
specify the time, place and occurrence of the offence committed by the accused
and the law under which it will be tried, he will not be able to prepare his
defence. Thus, one of the main purposes of a charge is to serve the principles of
natural justice. “No one should be condemned unheard”. Another purpose of a
charge is to substantiate the principle of presumption of innocence of the
accused, in other words, criminal standard of proof. The prosecution has to prove
a case against the accused beyond reasonable doubt.
 Essential Elements of Charge
• Sections 221 to 224 specify the particulars that should be stated in the charge. Particulars are as
follows:

• Particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the
thing (if any) in respect of which, it was committed.

• Statement of the offence with which the accused is charged.

• Particulars of the manner in which the alleged offence was committed, when the particular of nature of
the case do not give the accused sufficient notice of the matter with which he is charged. A statement
of law and the section of the law against which the offence is said to have been committed. If the law
which creates the offence does not give it any specific name so much of the definition of the offence
must be stated as to give the accused notice of the matter with which he is charged. The previous
convictions of the accused, if any, where such conviction is sought to be proved at the trial. In case of
particular offences such as criminal breach of trust of dishonest misappropriation of money, the dates
between which the offence is alleged to have been committed and the gross amount involved, together
with such particulars as may be necessary to give the accused notice of the manner in which the
offence was committed, should also be included in the charge.
 Form and requirements

• The charge should be precise but should give the necessary particulars required by law.

• Every charge shall state the offence with which the accused is charged.
• The charge shall be written either in English or in the language of the Court.
• For every distinct offence of which any person is accused there shall be a separate
charge and every such charge shall be tried separately.
• The law and section of the law against which the offence is said to have been
committed shall be mentioned in the charge.
• The court framing charge should avoid all unnecessary words. Abbreviations or
recondite words should as far as possible be also avoided.
• An omission, defect or error in the charge which does not prejudice or mislead the
accused and does not result in any failure of justice cannot be regarded as material.
 Framing of charge before Trial in the Magistrate Court

• Section 242 specifies the time of framing charge by the Magistrate. On the day
fixed for the trial to begin the accused appears, or is brought before the
Magistrate. The Magistrate will first consider the record of the case. And he will
hear the parties. Having done that if he considers the charge to be groundless,
he may discharge the accused. If on the other hand, the Magistrate is of the
opinion that there is a prima facie case for the accused, and he is competent to
try the case, he shall frame a formal charge. The charge must contain sufficient
particulars as to time, place, person, and circumstances. So that the accused may
have notice of the matter with which he is charged. It is very important to note
that a formal trial starts with the framing of the charge.
 Framing of Charge before Trial in the Session Court

• After the opening of the prosecution case, the Session Judge will give
both the sides chance to argue in favour of framing charge or
discharge. After such hearing and considering the record of the case if
the Judge considers that there is no sufficient ground or prima facie
case for proceedings against the accused, he shall discharge the
accused and record the reason for so doing. If, on the other hand, the
Judge considers that there is a prima facie case against the accused, it
shall frame a charge Formal trial starts with the framing of charge.
 Charge to be framed
• If, after such consideration and hearing as aforesaid, the Magistrate is
of opinion that there is ground for presuming that the accused has
committed an offence. The magistrate shall frame a formal charge
relating to the offence of which he is accused and he shall be asked to
the offence of which he is accused and he shall be asked whether he
admits that he has committed the offence with which he charged.
• The Magistrate before talking any evidence but considering the
provision lf section 241 A Cr. P. C shall frame charge. A charge under
this section should allege all that is necessary to constitute the
offence charged. The conditions for the framing of a charge are
presumption of the commission of an offence on materials before the
court. Charged should be framed on perusal of papers as
contemplated under section 241 A Cr. P. C needs the following
conditions namely: (a) the existence of a prima facie case on the basis
of materials before the court (b) the offence being triable under
Chapter XX (c) [2]the Magistrates competency to try and (d) the
Magistrates power to inflict adequate punishment. On the fulfillment
of these conditions, charge should be framed.
• If, after such consideration and hearing as aforesaid, the Court is of
opinion that there is ground for presuming that the accused has
committed an offence, it shall frame in writing a charge against the
accused. Where the Court frames a charge under sub-section (1). The
charge shall be read and explained to the accused and the accused
shall be asked whether he pleads guilty of the offence charged or
claims to be tried section -265(D).
 Framing of Charge
• Framing of charge correctly in accordance with the relevant
provisions of this code and the relevant penal law is very
important for holding trial. If there is any flaw in the
framing of charge, the whole trial may be vitiated. So, much
care should be taken while framing a charge in a criminal
case. The relevant provisions are contained in sections 221-
239 of the CrPC. Before an accused is asked to stand trial in
a criminal court for a penal offence, justice demands that
he must know what exactly are the allegations brought
against him.
• Trial starts with the framing of a charge. The accused is to
answer the charge and object of framing charge is to bring to
his notice the substantive allegatios. The purpose is to help
the accused to prepare his defence. If the charge is not clear
or is confusing, the acused may be prjudiceed and if an
accused is prejudiced, the whole trial will be vitiated. If the
accused is convicted in such a trial the appellate court may
pass an order for retrial, even the convict may be acquitted
by the higher court on the ground of the defective charge.
Principles to be followed at the time of framing of charge

• While framing a charge both in a complaint case and GR

case, the Magistrate is required to take into consideration
the provisions of sections 221, 222, 223, 233, 234, 235, 236,
239. sections 221 and 222 relate to mentioning of particulars
of the offence, date, time, and place of occurrence. If the
exact date, time, is not known, then approximate date and
time may be mentioned.
• The general principle is that for every distinct offence, there shall be a
separate charge and every such charge shall be tried separately-
section 233. the provisions of sections 234, 235, 236, and 239 are
exceptions to the above general principle.
• Section 234 provides that when a person is accused of more offences
than one of the same kind committed within a space of twelve
months, he may be charged with and tried at one trial but the
number of offences shall not exceed three. From this section it is
quite clear that against an accused, a charge only under three heads
can be framed.
• Section 235 (1) provides that if more offences, than
one are committed by the same person in one series
of acts so connected as to form the same transaction,
that person may be charged with every such offence
and tried at one trial for every such offence.
• There is controversy as to whether two separate
charges under section 302 of the Penal code are to be
framed against a person if he causes death to two
persons. One view is that two offences will be
committed by causing death to two persons, if
committed in the same occurrence or same
transaction.
 Alteration of the charge

• In certain cases, alteration of the charge may be necessary. If such alteration is

necessary, the court is to follow the provisions laid down in section 227-231. in
the case of Hossain Mohammad Ershad Vs. The State, it has been observed that
the court may, at any time alter or amend the charge during the trial in
accordance with the provisions of section 227 of the CrPC. If a charge is altered,
it must be read and explained to the accused afresh. After such alteration, if the
court is of the opinion that neither the prosecution nor the accused will be
prejudiced, it shall proceed with the trial as if the altered charge had been the
original charge.