Framing of Charges | Criminal Law - CLAT PG PDF Download

Purpose of Charge Framing 

The main goal of charge framing is to ensure that the accused is informed clearly and accurately about the offense they are being accused of. This is crucial for allowing the accused a fair chance to prepare their defense.

Contents of Charge 

1. Overview of Charge Contents

Sections 211 and 212 of the Criminal Procedure Code (CrPC) outline the forms and contents of the charge. If the particulars mentioned in these sections do not adequately inform the accused about the offense, the charge should also include details about how the offense was committed.

2. According to Section 211 of the CrPC, every charge must include:

• The specific offense the accused is charged with.
• If applicable, the specific name given to the offense by law.
• If the offense does not have a specific name, a description of the offense to inform the accused.
• The relevant law and section under which the offense is alleged to have been committed.

3. Particulars as to Time, Place, and Person 

According to Section 212 of the CrPC, to ensure the accused is sufficiently informed, the charge must include:

• The time and place of the alleged offense.
• The person (if any) against whom the offense was committed.
• The thing (if any) in relation to which the offense was committed by the accused.

4. Special Cases 

• In cases of criminal breach of trust or dishonest misappropriation where the exact amount cannot be determined, it is sufficient to specify the gross sum of money or movable property involved in the offense.

5. Effect of Error 

As per Section 215 of the CrPC, any mistake in stating the offense or the required particulars in the charge is not considered significant at any stage of the case. Additionally, omitting to state the offense or particulars is also deemed immaterial. However, if such an error or omission misleads the accused or leads to a failure of justice, it becomes material.

Alteration or Amendment of Charge by Court 

• The Court can alter or amend any charge before pronouncing judgment.
• The alteration or addition must be read and explained to the accused.
• If the Court believes the change does not prejudice the accused or the prosecutor, it may proceed with the trial accordingly.
• If the alteration is likely to prejudice either party, the Court may direct a new trial or adjourn the trial as deemed necessary.
• If prior sanction is needed for the prosecution of the altered or added charge, the Court will not proceed until such sanction is obtained.

Basic Rule as to Charge and Trial of Charge 

1. Overview of Sections 218 to 224 of the Code 

Sections 218 to 224 of the Criminal Procedure Code (CrPC) deal with the joinder of charges, which involves trying multiple accused individuals for the same offence under certain circumstances.

2. Section 218: Basic Rule for Trial of Charges 

• According to Section 218 of the CrPC, each charge against an accused individual must be tried separately by the Magistrate.
• However, if the accused requests in writing and the Magistrate believes that trying all charges together would not be prejudicial to the accused, the Magistrate may try multiple charges together.

3. Section 219: Trial of Same Kind Offences Within a Year 

• Section 219 of the CrPC allows a person who has committed more than one offence of the same kind within twelve months to be charged and tried for up to three offences in one trial.

4. Section 220: Trial for Multiple Offences as Part of Same Transaction 

• Section 220 of the CrPC permits charging and trying multiple offences in one trial if they are part of the same transaction.
• It also allows for charges of criminal breach of trust or dishonest misappropriation along with charges of falsification of accounts related to those offences.
• Additionally, if acts fall under different legal definitions, the accused can be charged with all relevant offences and tried together.
• In cases where acts combine to form a separate offence, the accused can be charged with the combined offence or any of the individual offences.

5. Section 221: When Offence is Uncertain 

• Section 221 of the CrPC addresses situations where it is unclear which offence a single act or series of acts constitutes.
• The accused can be charged with multiple offences, and any number of those charges can be tried together.
• If evidence shows the accused committed a different offence than initially charged, they can be convicted of the offence supported by the evidence, even if it was not part of the original charge.

6. Section 223: Joint Charges for Multiple Persons 

• Section 223 of the CrPC outlines circumstances under which multiple individuals can be charged jointly.
• This includes persons accused of the same offence in the same transaction, abetment or attempt to commit an offence, multiple offences under Section 219, or different offences in the same transaction.
• It also covers offences related to stolen property under sections 411 and 414 of the Indian Penal Code or counterfeit coin offences under Chapter XII of the Indian Penal Code.
• If individuals are charged separately and do not fall within these categories, they can request to be tried together if it does not prejudice the case.

The provisions in Sections 219, 220, 221, and 223 regarding exceptions to the basic rule are enabling in nature, and it is at the court's discretion to apply these exceptions for joint trials.