ICFAI UNIVERSITY
DEHRADUN, FACULTY OF LAW
ASSIGNMENT ON CODE OF CRIMINAL PROCEDURE
TOPIC- ARREST PROCEDURE AND RIGHT
SUBMITTED BY SUBMITTED TO
ANJALI SINGH SEEMA SHARMA
MA’AM
BBA LL. B (H) 3 RD YR SEC-A ASSISTANT
PROFESSOR
17FLICDDN01019 ICFAI UNIVERSITY
DEHRADUN
Table of Contents
Introduction
Purpose of Charge
Case Laws Concerning Charges:
Types of Cases Where Charges are Framed
Sessions Case
Warrant Cases Instituted on Police Report
Warrant Cases Instituted Otherwise on Police Report
Contents of Charge
Conclusion
INTRODUCTION
Under section 2(b) CrPC, 1973 ‘charge’ includes any head of the charge once the charge
contains additional heads than one. Thence it may be taken that once a charge contains over one
head, the top of charges is likewise a charge.
The legal definition mentioned in the code is not inclusive enough for a layman to decipher.
However, the definition could simply be interpreted to mean an “accusation”. It is the concrete
accusation as recognized by the Magistrate or the Court, based on the prima facie evidence
adduced against the accused.
Every charge under the code of criminal procedure, 1973 shall state the offence with which the
accused is charged. The motive behind a charge is precisely and succinctly to let know the
accused individual, the issue for which he is being charged. It is necessary to pass on to the
accused clearly and with certainty what the prosecution has accused him of or what the
prosecution has against him. The underlying principle of criminal law is based on the fact that it
is the right of the accused to be informed about the exact nature of the charge levelled against
him.
Purpose of Charge
Under the Code of Criminal Procedure, an accused should be informed of the offence of which
he is charged. The basic purpose of the charge is to let the accused know of the offence that he is
charged with so that he can prepare his defence. The accused should be informed of the charge
against him at the very beginning. Every accused has the right to know what the prosecution has
against him.
The underlying principle of the criminal law on informing the accused of the charge against him
is to provide an equal opportunity to each individual to prepare his defence and avail justice. It
must be noted that in case of serious offences, the statute requires the charge to be reduced to
writing precisely and clearly and must be read to the accused and explained with precision and
clarity.
In the case of V.C. Shukla vs. State, Justice Desai, while delivering the conclusive judgment
opined, “the purpose of framing a charge is to give intimation to the accused of clear,
unambiguous and precise notice of the nature of the accusation that the accused is called upon to
meet in the course of a trial.”
Essentials of Charge
The following are the contents that are a must for a charge:
Stating the Offence – The offense must be expressed, in a charge sheet so that the
accused may shield himself
Describing the offense by the name - Along with the charge, the name of the offense,
related to such charge must be clearly defined and explained.
Defining and understanding the offense - In places where the criminal law has not
named the offense then a definition/ meaning of the offense must be expressed
Mentioning the law and section of the law - The charge must contain the law or the
section of the law against which the offense has been said to be committed.
Substantive requirements of offense to be complied with - The charge must fulfill the
requirements of the offense, whether there are any exceptions are there or not, and if
there are then the charge should adhere to them.
Charge’s language - It is to be noted that one of the essentials of charge is that the
charge should be framed in English or the Court’s language or the language which is
understandable by an accused.
Accused person’s previous convictions - Charge might state the fact, date, and place of
the previous conviction in places where the accused is liable to enhanced punishment by
his previous conviction and where such previous conviction has to be proved.
Details of Time, Place, and Person - A charge must contain the time when the offense
happened, a place where the offense was committed, the person against whom the offense
was committed, and any other object or thing against whom the offense was committed.
Particulars of how the offense was committed - In cases where the information above
is not sufficient to give notice of the offense with which the alleged accused has been
charged, then it is expected that the charge shall include the particulars of how the alleged
offense was committed.
Thing in respect of which offense is committed - A charge needs to express the
property in respect of which the offense is said to have taken place.
Illustrations:
1) ‘B’ 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 only to be constituted as one.
2) ‘O’ is accused of the murder of ‘A’ at a given time and place. The charge need not necessarily
state how ‘O’ murdered ‘A’.
3) Omission of framing charges under section 306, of the Indian Penal Code concerning section
215 of the Cr.P.C. may or may not lead to failure of injustice. Generally, such a plea should not
be allowed to be raised for the first time before the court unless there are such materials on
record which would establish against the accused the said charge. This has been observed in
Harjit Singh vs. the State of Punjab.
4) ‘A’ is accused of cheating ‘B’ at a given time and place. The charge must be set out in the
manner in which ‘A’ cheated ‘B’.
5) ‘A’ has been accused of obstructing a person, ‘B’, who is a public servant, in the discharge of
his public functions at a given time and place. The charge must set out how B has been
obstructed by A in the discharge of his functions.
6) ‘H’ is charged under section 326 of the Indian Penal Code (45 of 1860) with voluntarily
causing grievous hurt to ‘M’ using an instrument for shooting. It is to be observed here that 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.
Case Laws Concerning Charges:
Birichh Bhutan v. the State of Bihar:
In this case, the meaning of charge has been defined by Justice Subbarao for the first
time. According to him, “a charge is a precise formulation of a specific accusation made
against a person of an offense alleged to have been committed by him.”
Mohan Singh v. the State of Bihar:
In this case, the purpose of framing a charge has been defined very clearly and precisely
by Justice AK Ganguly. He referred to Section 214 of the CrPC and said “Words in
charge taken in the sense of law under which offense is punishable. In every charge
words used in describing an offence shall be deemed to have been used in the sense
attached to them respectively by the law under which such offence is punishable.”
VC Shukla v. State through CBI:
In this case, Justice Desai talks about the purpose of framing a charge and he says that
“the purpose of framing a charge is to give intimation to the accused of clear,
unambiguous and precise notice of the nature of the accusation that the accused is called
upon to meet in the course of a trial.”
Tulsi Ram & ors. vs. State of Uttar Pradesh:
This case is concerned with Section 215 of CrPC which says that no error or omission in
the charge will be regarded as material unless it has occasioned a failure of justice.
Types of Cases Where Charges are Framed
The question of framing a charge against the accused arises only when the accused is not entitled
to a discharge under Section 277 and 239 of the Criminal Procedure Code.
Section 277 deals with the discharge of the accused in session cases. It states that if the judge,
after hearing the accused and the prosecution and after considering the record of the evidence
and the documents submitted herein, consider that there are not sufficient grounds to proceed
against the accused, then the judge shall discharge him and record the reasons for doing so in
writing.
Section 239 of the code deals with the discharge of the accused in warrant cases. It states that the
Magistrate shall discharge the accused if, after considering the police report and the documents
submitted under section 173 of the Code, concludes that the charge against the accused is
groundless. The Magistrate shall give the opportunity of being heard to the accused and the
prosecution and record the reasons in writing.
In the following types of cases the charges are framed under the Criminal
Procedure Code:
1. Sessions cases under Section 228 of the Code;
2. Warrant cases instituted on police reports under Section 240 of the Code;
3. Warrant cases instituted otherwise on police report under Section 246(1) of the Code.
Sessions Case
Section 228 of the Code deals with the framing of charge in case of a trial before the Court of
Sessions. In such a case, the charge is framed against the accused only when the accused is not
entitled to discharge under Section 227 of the Code.
Warrant Cases Instituted on Police Report
Section 240 of the Code deals with the framing of charges in case of warrant cases tried by a
Magistrate instituted on police reports. It states that if the Magistrate, after consideration,
examination, and hearing, thinks that there are sufficient grounds for presuming that the accused
has committed an offense triable under this chapter, which the Magistrate is competent to try and
believes that the accused of such offense could be adequately punished by him, he shall frame
the charge in writing against the accused.
Warrant Cases Instituted Otherwise on Police Report
Section 246 of the Code states that when in any warrant case otherwise than on a police report,
the accused is brought before a Magistrate and the Magistrate upon examination and hearing,
believes that there are sufficient grounds to presume that the accused has committed the offense,
then the Magistrate shall frame the charge against the accused in writing.
In all the above cases, when the charge is framed against the accused, the said charge must be
read and explained to the accused precisely and accurately. It shall also be important to ask the
accused if he pleads guilty or if he has any defense to make.
Contents of Charge
The initial requirement under the code for a free and fair trial is to inform the accused precisely
and accurately, of the offense he is charged him to give him a fair opportunity to prepare his
defense.
Section 211 and 212 of the Code prescribe the forms and contents of the charge. However, when
the nature of the case is such that the offense in question cannot be described properly by the
particulars as mentioned in the aforesaid sections, to give the accused sufficient notice of the
offense with which he is charged, then how the offense was committed by the accused shall also
be contained in the particulars of the charge.
This shall be considered sufficient for providing sufficient notice to the accused of the offense
with which he is charged.
According to Section 211 of the Criminal Procedure Code, every charge under the code
shall include the following:
The offense with which the accused is charged;
If any law offends any specific name, then the description of that charge by that name
only;
The definition of the offense, under the law that does not give any specific name to the
offense, to give notice of the matter to the accused of which he is charged;
The law and the section of the law against which the offense is said to have been
committed.
CONCLUSION
