Introduction

Code of criminal procedure is one of the very important acts on the Law of Crimes, as it is a
procedural law so we can say that it has maximum applicability during the trial, proceeding
or the delivery of judgment for any case, in comparison to the substantive laws.

As, FIR is one of the most essential step to start any case-proceeding, but this charge is also
relevant and important in same manner as the FIR is. Because, charge is very essential while
the lodging of an FIR. In FIR, simply the information regarding the happening of the crime
and charges on any persons is made.

As, we treat the FIR as the whistle blower for the criminal-proceedings, in the same manner
this charge is important.

The whole trial and proceeding revolves around the proving t charges or disproving the
charges, which decides the liability of the charged person on the basis of his/her conviction
or acquittal.

The trial of any case can’t begin without the formulation of charge. The Code of Criminal
Procedure deals with this charge in a very explanatory manner in Chapter XVII, from
sections 211 to 224.

Sections 211-214 deals with the contents of a charge, sections 215 and 216 confers power to
the court to alter the charges and the procedures post-alteration. While, the section 218
enables a general rule that for every different offence, there shall be different charge and
each shall be tried separately and the rest sections like 219, 220, 221 and 223 gives the
exception of the section 218. Section 222 provides the circumstances when one can be
convicted for any offence, even he/she was not charged with.

Besides of these bunches of legal provisions, what lacks is that, the term charge has been
nowhere defined, explicitly in the code of criminal procedure.

These were the categorization of the sections of the Cr.P.C. on the basis of the contents, it
covers. The details will be given in the upcoming pages and segment of the research.

The objective of the charge is to make both the parties aware of the line and length of the
case, in a precise and clear manner, which is very much necessary, in order to serve fair
justice delivery to the people of the country.
Definition of Charge

The term ‘charge’ literally means accusation or allegation, in its legal sense.

The section 2(b) of the Criminal Procedure Code, 1973 states as, “charge” includes any
head of charge when the charge contains more heads than one.1

But it has not been defined provisionally, in actual sense what a charge means.

However, a charge may be defined as below –

The charge is the establishment of the allegation(s) against the accused in a criminal case.
The inspiration behind a charge is to inform an accused individual, precisely and
succinctly of the issue with which he is charged. It must pass on to him with adequate
clearness and certainty, what the prosecution expects to prove against him and which he
should protect. The fundamental principle of criminal law is that the accused ought to be
informed with certainty and precision the exact nature of the charge leveled against him.2

The charge is the formal and initial identification of the allegations by the court, on the
basis of the information or complaint provided against the accused.

The objective behind the formation and framing of the charge is to make the accused
aware of all the fact and allegations which has been made against him, and to provide
him/her each possible way to defend.

Even the Supreme Court had also point out this very specific objective and the purpose of
the charge, in the case of V.C. Shukla vs. State3; Justice Desai opined that, ‘the purpose
of framing a charge is to give intimation 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’.

At the stage of framing charge, there needs to be only prima facie case and there is no
need for appreciating evidence at this stage.4

1
Section 2(b) Cr.P.C. 1973.
2
https://www.legalbites.in/crpc-notes-charge-allegations/
3
AIR 1980 SC 962
4
Page 195/R.V. Kelkar’s Lectures on Criminal Procedure( 5th edition)
CONTENTS OF CHARGES

From Section 211-214 of the CrPC, 1973, specifies the contents and the essentials of a
charge.

Section 211 provides as below –

“Contents of charge –

(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 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 of 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.”5

5
Section 211, Cr.P.C, 1973.
A charge must show the offence with which any person is charged. It shall specify the
law and the provisions against which that offence has been committed.

For example, if anyone is charged with the Murder, the charge must consider Section 300
of the Indian Penal Code, 1860. If the law has given any particular name to that very
offence, the charge shall also specify that name and if the law does not has specified any
name for that very offence, the charge must specify the full detail of the offence from the
definition of the offence, as per the law, so that the accused gets it in a clear way.

Section – 212 add up further more materials to the contents of the charge.

If we go thoroughly through the section 212of CrPC, it comes out that –

The charge shall contain such particulars as to time and place of the alleged offence, and
the person against whom, or the thing in respect of which, it was committed, are the
reasonably sufficient to give the accused notice of the matter with which he is charged;
However, when the accused is charged with criminal breach of trust or dishonest
misappropriation of money or other movable property, it shall be sufficient to specify the
gross sum, or to describe the movable property, in respect of which the offence is alleged
to have been committed, and the dates between which the offence is alleged to have been
committed, without specifying particular items or exact dates.6

In several cases, offender gets a bigger punishment for repeated offence, in such cases,
the charge shall also specify the date & place of the previous conviction, so that an
enhanced punishment may be given to those category of persons.

Section 213 comes into action when even after the application of the section 211 and 212
the matter about the alleged offence is not easy to be understood or the nature of the
offence is of different kind.

Section 213 states as –

When manner of committing offence must be stated –

When the nature of the case is such that the particulars mentioned in sections 211 and 212
do not give the accused sufficient notice of the matter with which he is charged, the

6
Section 212 Cr.P.C
charge shall also contain such particulars of the manner in which the alleged offence was
committed as will be sufficient for that purpose.7

The whole objective of the above section is that, if even after the compliance of the
sections 211and 212, the accused is still not getting his action or if the nature of the
offence is of such category that it cannot be easily understood, then in that case, the
charge shall also covers particular manner in which the offence is alleged to be
committed.

One more important thing regarding the content of the charge as per the section 214 is
that, while describing an offence in the charge, every word shall be used in the sense it
has been used under the given law.8

These were the essentials as per the Section 211, 212 and 213of the Code of Criminal
Procedure, 1973, which has been made mandatory by the code for the formulation of the
charge, which must be complied to ensure fair trial and justice.

Alteration of Charges

Mainly there are two sections (section 216 and 217) in which the powers regarding the
alteration of the charges has been conferred to the court.

According to the section 216 of the CrPC, the court may alter the charges or add charges.

Section 216 of CrPC provides as –

The purpose behind the insertion of this very provision is to secure fair trial and justice to
the accused as well as to the complainant, as it may happen that, in happening of certain
contingencies the charges had been framed in an irregular way.

7
Section 213 of CrPC
8
Section 214 of CrPC
This section has conferred a very extensive and wide power to the court, to alter and add
the charges against any accused r for any accused, but the court must exercise it in a
judicious manner, not prejudicially.

Which means that, after any sort of alteration or change in the charge, both of the parties,
the prosecutor and the accused may be given chance to recall the witnesses or to call
further more witnesses, if court considers it as necessary to ensure justice.

Forms of Charges

Joinder of Charges

From Section 218 to section 224, all the provisions are regarding the trial of the charge
and formulation of charge for distinct offences.

A basic rule has been laid down in the section 218 that, for every distinct offence there
must be a separate charge and for such separate charges, there shall be separate trial.

Section 218 states as – Separate charges for distinct offences.

(1) For every distinct offence of which any person is accused there shall be a separate
charge, and every such charge shall be tried separately: Provided that where the accused
person, by an application in writing, so desires and the Magistrate is of opinion that such
person is not likely to be prejudiced thereby, the Magistrate may try together all or any
number of the charges framed against such person.9

(2) Nothing in sub- section (1) shall affect the operation of the provisions of sections 219,
220, 221 and 223.10

The purpose of Section 218 is to avoid any sort of the complexity in trial, as it may
disturbs the fabric of fair trial, if several distinct charges which are from nowhere
connected or related with one another, are clubbed together in one trial.

And apart from that, the Court is also likely to be prejudiced against the accused, if the
accused were tried in one trial, for different charges, which had different evidences.

But overall we can say that, the Cr.P.C, 1973 provides for the Joinder of the charges in
one trial against the same alleged person, in exceptional circumstances, as mentioned in
the code.

Those exceptions are as –

a. If the accused itself desires so: if the accused itself is willing and interested in
joinder of charges, and the magistrate is also of the same opinion after considering
the face that it will not work prejudicially against the accused.11

b. Three offences of same kind within one year: When a person is accused of more
offences than one of the same kind committed within the space of twelve months
from the first to the last of such offences, whether in respect of the same person or
not, he may be charged with, and tried at one trial for, any number of them not
exceeding three.12

c. If the offences has been committed in the same series of transaction: If, in one
series of acts so connected together as to form the same transaction, more offences
than one are committed by the same person, he may be charged with, and tried at
one trial for, every such offence.13

9
Section 218(1) CrPC
10
Section 218(2) CrPC
11
Section 218(2) of Cr.P.C. 1973
12
Section 219 of Cr.P.C. 1973
13
Section 220(1) of Cr.P.C. 1973
 d. Offences of criminal breach of trust or misappropriation: When a person charged
with one or more offences of criminal breach of trust or dishonest
misappropriation of property as provided in sub- section (2) of section 212 or in
sub- section (1) of section 219, is accused of committing, for the purpose of
facilitating or concealing the commission of that offence or those offences, one or
more offences of falsification of accounts, he may be charged with, and tried at
one trial for, every such offence.14

e. Same act, resulting in different offences: If the acts alleged constitute an offence
falling within two or more separate definitions of any law in force for the time
being by which offences are defined or punished, the person accused of them may
be charged with, and tried at one trial for, each of such offences.15

f. Acts forming an offence, also constituting different offences when taken

separately or in groups: If several acts, of which one or more than one would by
itself or themselves constitute an offence, constitute when combined a different
offence, the person accused of them may be charged with, and tried at one trial for
the offence constituted by such acts when combined, and for any offence
constituted by any one, or more, of such acts.16

g. When it becomes doubtful that what offence is in alternatives: If a single act or

series of acts is of such a nature that it is doubtful which of several offences the
facts which can be proved will constitute, the accused may be charged with having
committed all or any of such offences, and any number of such charges may be
tried at once; or he may be charged in the alternative with having committed some
one of the said offences.17

h. [ Certain category of persons: The following persons may be charged and tried
together, namely;

i. persons accused of the same offence committed in the course of the same
transaction;

14
Section 220(2) of Cr.P.C. 1973
15
Section 220(3) of Cr.P.C. 1973
16
Section 220(4) of Cr.P.C. 1973
17
Section 221(1) of Cr.P.C. 1973
 ii. persons accused of an offence and persons accused of abetment of, or
attempt to commit, such offence;
iii. persons accused of more than one offence of the same kind, within the
meaning of section 219 committed by them jointly within the period of
twelve months;
iv. persons accused of different offences committed in the course of the same
transaction;
v. persons accused of an offence which includes theft, extortion, cheating, or
criminal misappropriation, and persons accused of receiving or retaining, or
assisting in the disposal or concealment of, property possession of which is
alleged to have been transferred by any such offence committed by the
first-named persons, or of abetment of or attempting to commit any such
last-named offence;
vi. persons accused of offences under sections 411 and 414 of the Indian Penal
Code (45 of 1860) or either of those sections in respect of stolen property
the possession of which has been transferred by one offence;
vii. persons accused of any offence under Chapter XII of the Indian Penal Code
(45 of 1860) relating to counterfeit coin and persons accused of any other
offence under the said Chapter relating to the same coin, or of abetment of
or attempting to commit any such offence; and the provisions contained in
the former part of this Chapter shall, so far as may be, apply to all such
charges:]18

Section 224

18
Section 223 CrPC