CONTENTS, EFFECTS OF ERRORS AND JOINDER OF CHARGE

 

CONTENTS, EFFECTS OF ERRORS AND JOINDER OF CHARGE

 

Contents of Charge

Sec. 211 of CrPC reads as follows:

1.  Every charge under this code shall state the offence with which the accused is charged.

2.  If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.

3.  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.

4.  The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.

5.  The fact that the charge is made is equivalent to a statement that every legal condition required by the law to constitute the offence charged was fulfilled in the particular case.

6.  The charge shall be written in the language of the court.

7.  If the accused, having been previously convicted on  any offence, is liable by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the court may add it at any time before sentence is passed.

Illustrations:

a.  A is charged with the murder of B. This is equivalent to a statement that A’s act fell within the definition of murder given in sections 299 and 300 of Indian Penal Code (45 of 1860), that it did not fall within any of the general exceptions of the said code, and that it did not fall within any of the five exceptions to section 300, or that, if it did fall within exception 1, one or other of the three provisos to that exception applied to it.

b.  A is charged under section 326 of the Indian penal code (45 of 1860) with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by section 335 of the said code, and that the general exceptions did not apply to it.

c.  A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation or using a false property mark. The charge amy state that A committed murder, or cheating or theft, or extortion or adultery, or criminal intimidation, or that he used a false property – mark, without reference to the definition of those crimes contained in the Indian penal code (45 of 1860); but the sections under which the offence is punishable must, in each instance, be referred to in the charge.

d.  A is charged under section 184 of the Indian penal code (45 of 1860), with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.

 

Effects of Errors

Section 215 of CrPC reads thus:

“No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars shall be regarded at any stage of the case as material unless the accused was in fact mislead by such error or omission and it has occasioned a failure of justice. It is well established principle that an accused can consent to nothing, which is not authorised by law. What is called benefit of doubt is not the same thing as the benefit of mistake as to weapons used by the accused.

Illustration:

A is charged with cheating B and the manner in which he cheated B is not set out in the charge or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The court may infer from this that the omission to set out the manner of the cheating is not material.

Joinder of Charge

Sections 218 to 224 explains the joinder of charge.

·        Section 218: Separate charges for distinct offences.

·        Section 219: Three offences of the same kind within year may be charged together.

·        Section 220: Trial for more than one offence.

·        Section 221: Where it is doubtful what offence has been committed.

·        Section 222: When offence proved included in offence charged.

·        Section 223: What persons may be charged jointly.

·        Section 224: Withdrawal of remaining charges on conviction on one of several charges.