CHARGE UNDER BNSS

INTRODUCTION
According to section 2(1)(f) of BNSS charge defines as any head of a charge
when the charge contains more heads than one.
In simple words, a charge means an accusation. It is a concrete accusation put
up by the magistrate or the court based on the prima facie evidence accrued
against the accused
A criminal charge refers to a formal accusation made by a governmental
authority like a public prosecutor or police asserting that an individual has
committed a crime.

Chapter XVIlI from section 234 - section 247 deals with the charge.
Section 234- Section 240 deals with the form of charges.
Section 241 -Section 247 of BNSS deals with the Joinder of charges. Joinder of
charges refers to the cases when more than one accused is tried for the charge
of the same offence.

BASIS AND PURPOSE

The basic purpose of the charge is to let the accused know for which offence he
is charged so that he can prepare his defence on that basis. The charges should
be informed to the accused at the very beginning. Every individual has an
equal opportunity to prepare his defence and avail justice. In the serious
offences, the statute requires that the charge should be written down clearly
and precisely and read out to the accused and explained with clarity.

FRAMING OF CHARGES
Section 234 states the contents which every charge should include. They are
following -
1. The offence for which accused is charged
2. The specific name of the offence if provided then it shall be mentioned
3. In the absence of a specific name of offence, the definition should be
mentioned.
4. The law and section of the offence
5. The charge should be equivalent to the statement that states that every
condition for charging the individual for the offence is satisfied.
6. The Charge should be written in the language of the court
7. When accused is convicted previously of any offence then the following
things should be considered-
 If accused is liable for enhanced punishment
 If accused is liable for punishment of a different kind
 The place and date of the precious conviction should be mentioned in the
charge. The court can add it any time before the judgement is passed if
omitted.

Section 235
The charge should consist the time, place of the offence and also mention
against whom the offence was committed.
In cases of criminal breach of trust, misappropriation then the gross sum of the
money or the movable property in respect of which the offence was committee
should be mentioned

Section 236
In the case where the nature of the matter isn't clear to the accused for which
he is charged, in such situations the particulars of how the alleged offence was
committed should be mentioned in the charge.

Section 237
The charge should be described in the same manner how its described in the
law under which the offence is punished.

JOINDER OF CHARGES
According to Section 241, the basic rule for charging a person for distinct
offences for which he is accused, a separate charge shall be framed and every
charge should be tried separately.
The sections 242, 243, 244 and 246 are an exception to the basic rule of the
trial of accused as mentioned in l section 241.

Section 242
In the case where an individual is charged for three offence which is of the
same kind and punished with the same amount of punishment under the same
section of Indian Penal code, 1860 within a year, then the accused can be tried
at one trial for the offence not more than three.

Section 243
According to the section when the accused is charged with an offence forming
a series of acts and the acts are part of the same transaction and more than
one offence is committed by such series of acts then the accused may be
charged and tried for all the offences in one trial.

Section 244
In cases where its not clear that for which offences the accused will be charged
for a single act or series of acts, then in such situation the accused can be
charged for committing All offences or Any of such offence. The accused shall
be tried for such charges in one trial or he can be tried for an alternate offence
having committed someone of the said offences.

Section 245
It deals with the circumstances under which an accused can be convicted of an
offence of which he was not charged at the beginning of the trial.

Section 246
The section provides the types of persons who can be charged jointly, such as
accused persons who have committed the same offence in the course of same
transaction etc.

Section 247
The section deals with the withdrawal of remaining charges when one of the
several charges has received a conviction.

DEFECT IN FRAMING OF CHARGES

There is a situation when an error in there in the charges framed against the
accused. the provisions dealing with the case of an error in charge is dealt in
section 238 and 239 must be read with Section 510 of BNSS.

Section 238
cording to the section, any error or omission in stating the offence or the
particulars required to be stated in the charge shall not be regarded as material
in any stage of the case. the error or omission can be taken into account only
when the accused was misled by it and it has resulted in the occasioned failure
of justice.

Section 239
According to the section the court has the power to alter or add to any charge
at any time before the judgement is pronounced and such alteration or addition
should be read and explained to the accused. Clauses (3), (4) and (5) of the
said section deals with the status of the trial and proceedings after the
alteration or addition of charge.

Section 510
This section states that any finding sentence or order of a court of competent
jurisdiction will not be considered invalid on the ground that no charges were
framed or if there was any error omission or irregularity in the charge. Or
misjoinder of charge.

The findings sentence or order of the said court can be deemed invalid only
when the court of appeal opines that there was a failure of delivery of justice.
If no valid charge can be framed in the case against the accused then the court
shall quash the conviction of the accused

LANDMARK CASES
1. State of Maharashtra v. Som Nath Thapa
In this case, the Hon'ble court held that at the stage of framing of charges the
court needs to apply its mind to the question whether or not there is any
ground for presuming that the offence is committed by the accused

• V.C Shukla v State

Justice Desai in the case delivered the judgement that the purpose of framing a
charge is to give intimidation to the accused of clear, unambiguous and precise
notice of the nature of accusation that the accused is called upon to meet in
the course of a trial.

State of Himachal Pradesh v. Tara Dutta

The Hon'ble court held that the accused can be convicted for minor offences if
facts established to indicate that the accused has committed that in a case
when the accused was prior charged for any major offences but was not found
guilty.

CONCLUSION
The BNSS states the basic rules of practice and procedure for framing the
charge. Framing of charge is the most essential and basic step of a case with
the help of which the trial can be started against the concerned person.
It's important to follow the duty of care while framing charges as an error in it
can cause a miscarriage of justice.