Framing of
Charge
Md. Sadekul Islam
Assistant Professor
Dept of Law, FSSS, BUP
What is a Charge?
• A charge simply means accusation.
• A charge is a formal recognition of concrete accusations by
Magistrate or a court based upon a complaint or information
against the accused.
• A charge is drawn up by a court only when the court is satisfied
by the prima facie evidence against the accused.
• The basic idea behind a charge is to make the accused
understand what exactly he is accused of so that he can defend
himself.
No specific definition in the Code of 1898.
“Charge includes any head of charge when the charge
contains more heads than one.” [S.4(1)(c) of CrPC]
• “Precise formulation of the specific accusation made against a
person who is entitled to know its nature at the very earliest
stage.” [Abdur Razzaque vs State 48 DLR 457]
• 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 committed by the accused and
requires him to defend it.
Object of Framing of Charge (FoC)
To tell the accused as precisely and concisely as possible of the
offences with which he is charged and will be tried.
To enable the accused to know the substantive charge which
he or she will have to meet at the trial.
To ensure that the accused may have as full particulars as are
possible of the accusation brought against him or her so that
the accused can concentrate on the case that he or she has to
face.
To give opportunity to the accused to prepare his defence.
FoC before Trial in the Magistrate Court
S.242 & 242A of CrPC.
Accused brought before Magistrate on the day fixed for
trial to begin.
Magistrate considers record of case (FIR, Charge sheet, 161
statements, 164 statements) and will hear the parties.
Discharge if groundless charge, or proceed for trial if
prima facie case and shall frame a formal charge.
Formal trial starts with framing of charge.
FoC before Trial in the Session’s Court
After opening prosecution case, SJ will give both
parties to argue in favour of FoC or discharge.
After hearing and considering record, dischrage
if no sufficient ground or prima facie case
(record reason, s.265C) or FoC if prima facie case
against the accused.
Contents of Charge
Ss.221 to 224 of CrPC.
i. Time and place of alleged offence. Person or thing
against it was committed. (s.222)
ii. Statement of the offence charged with. (s.221); e.g.
Murder, theft etc.
iii. Manner of commission of offence (s.223)
iv. Law and section of offence. (s. 221)
v. If no specific name of offence in law, definition of offence
to state to notice to the accused; e.g. charged u/s 184 of
PC.
Contents of Charge (cont.)
vi. Previous conviction, if sought to prove at the trial.
(s.221)
vii. In case of criminal breach of trust, or dishonest
misappropriation of money, date and gross
amount and other particulars to mention. (s.222)
Form and Requirements of Charge
i. Precise and contain necessary particulars;
ii. Written in english or in the language of the court.
iii. Separate charge for separate offences alleged and
tried separately.
iv. Law and section of law of the offence.
v. Avoid unnecessary words.
Error in the charge
A charge prepared by a Magistrate or by a court
may be defective or erroneous. Error may be of
two types:
I. Minor error ;
II. Major or material error
Effect of Minor Error
S. 225 of CrPC.
There are errors or omission in the charge as to
offence or particulars, but accused not misled or
caused no failure of justice, then the error is a minor
one.
Effect: No appeal lie to higher court will be
successful.
Example:
Rana is charged with cheating with Reza, and the
manner in which he cheated Reza is not set out in
the charge, or is set out incorrectly. Rana 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.
Material Error
S. 232 of CrPC.
There are errors or omission in the charge as to
offence or particulars, and accused has been misled
by such error or caused failure of justice, then the
error is a material one.
Effect of Material Error
I. If any Appellate Court, or the HCD in exercise of
power of revision finds that any person convicted of an
offence was misled in his defence by the absence of a
charge or by an error, it shall direct a new trial upon
an appropriate framing of charge.
II. If the court is of the opinion that facts of the case are
such that no valid charge could be framed against the
accused in respect of the facts proved, it shall quash
the conviction.
Example:
Rana is convicted of an offence, under s.196 of PC, upon a
charge which omits to state that he knew the evidence, which he
corruptly used or attempted to use as true or genuine, was false
or fabricated. If the court thinks it probable that Rana had such
knowledge, and he was misled in his defence by the omission
from the charge of the statement that he had it, it will direct a
new trial upon an amended charge; But if it appears probable
from the proceedings that Rana had no such knowledge, the
court will quash the conviction.
Shahid Mia vs State (2008) 28 BLD (HCD) 236
“Accused persons were acquitted of the charge by the
appellate court (HCD) because they were seriously
prejudiced in their defence due to a defective framing of
charge (omission of one of two victims in the charge)
which occasioned a failure of justice.”
S. 537 of CrPC.
In determining whether any error, omission, or
irregularity in any proceeding has occasioned a failure
of justice, the Court will consider the fact whether the
objection could or should have been raised at the
earlier stage in the proceeding. If not, no finding,
sentence or order passed by a competent court will be
reversed or altered on appeal or revision on account of
any error, omission or irregularity in the charge.
Effect of not farming a charge
S. 535 of CrPC.
No finding or sentence pronounced will be
deemed invalid merely on the ground that no
charge was framed, unless it occasioned a failure
of justice.
If a failure of justice occasioned by an omission,
the appellate or revisional court can order that--
i. a charge be framed and
ii. trial be recommenced immediately after
framing of charge.
Alteration or Addition in Charge
S. 227 of CrPC.
Any court may alter or add to any charge.
At any time before judgment is pronounced.
Every alteration must be read and
explained to the accused.
H M Ershad vs State 45 DLR 534
“The court is competent to add or alter charge if
situation arises and the materials placed before it reveal
justification.”
AIR 1970 SC 359
“A criminal court has ample power to alter or amend a
charge, provided the accused will not be prejudiced and
will be given full opportunity to put forward his defence
open to him or her.”
Object of Alteration or Addition
• Justice may be defeated by trial upon an improper
or inappropriate charge.
• No accused can be newly charged without
bringing a new accusation.
During taking evidence or at any other time, if
new accusation comes out, such new accusations
can be charged by addition to the previous charge.
Effect of Alteration or Addition
i. Every alteration must be read and explained to the
accused. (s. 227)
ii. If there is no likelihood of the accused to be
prejudiced by the alteration or addition, trial may
proceed upon the altered charge as if it’s the original
one. (s.228)
iii. In case of any likelihood of prejudice the court may
direct for a new trial or may adjourn the trial for a
period as may be necessary. (s.229)
Effect of Alteration or Addition
iv. If offence in altered charge requires previous
sanction, trial not proceed without obtaining the
sanction. (s.230)
v. If charge altered after starting the trial, the
prosecutor and accused allowed to----
to recall and examine with reference to such alteration
or addition any witness who may have been examined;
and
To call any further witness.
Joinder of Charges
Ss. 233-240 of CrPC.
• The cardinal principle is separate charge for
distinct offences.
• Distinct offences mean not identical, or not of
same kind.
• Example:
• If Rana is accused of a theft on one occasion, and of
accusing grievous hurt on another occasion, he must
be separately charged and tried for theft and accusing
grievous hurt.
Exception to the principle
Exception 1:
Three offences of same kind within one year may
be charged together.
Exception 2:
Offences committed in course of same transaction
Exception 3:
Same act falling under different definitions of
offences, such offences may be tried at one trial.
Exception 4:
Acts forming an offence, also constituting different
offences when taken separately or in groups: all
such offences to be tried at one trial
Exception 5:
Where it is doubtful what offence has been
committed
Exception 6:
Certain persons may be charged jointly
Charge of one offence,
Conviction of another
S. 237 of CrPC
S. 237 empowers the court to convict the accused of
one offence for which a charge might have been
framed u/s 236.
For want of a specific charge there shouldn’t be a
failure of justice.
Example:
Rana is charged with theft. It appears that he committed the offence
of criminal breach of trust, or that of receiving stolen goods. He
may be convicted of criminal breach of trust or of receiving stolen
goods, though he was not charged with it.
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