Charge, content, consequence of defect in the framing charge, alteration or
amend the charge and what charge is to be framed, if it is doubtful as to what
offence has been committed.
Charge defined under section 2(b) of The Code of Criminal Procedure (in short
Crpc) include any head of charge when the charge contains more heads than one.
charge simply means accusation. A charge is a formal recognition of concrete
accusation by magistrate or a court based upon a complaint or information
against the accused.
The Court held that the purpose of framing of 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 trail. (V C Shukla Vs
State 1979 AIR 962) A charge may be defined as precise formula of a specific
accusation made against a person of an offence alleged to have been committed by
him. (Biricch Bhuian Vs Stae of Bihar AIR 1963 AIR 1120)
Content of Charge (Section 211 Crpc)
The offence to be stated:-
1. It must state the offence with which the accused is charged.
2. If the law creates the specific name of the offence, the offence must
described in the charge by the name.
3. If does not give any specific name, the definition of the offence must be
4. The law and section of the law against which the offence is said to have been
committed must be mentioned in charge.
5. The charge must be written in the language of the court.
Consequence of defect in framing of charge. (section 215 and 464 Crpc)
No error or no omission in stating the offence or particular required stated in
charge as material at any stage of the case unless the accused was in fact
misled by such error or omission and if this has caused a failure of justice
(section 215 Crpc). Further section - 464 of Criminal Procedure Code lays down
that no finding, sentence or order of a competent court is to be deemed to be
involved, merely on the ground that no charge framed or on the ground of any
error, omission or irregularity in the charge unless in the opinion of the court
of appeal, confirmation or revision a failure of justice has in fact been
when the court alter or amend a charge (section- 216 Crpc)
The court may alter or add to any charge at any time before the judgment is
pronounced in the matter. Every charge read and explained to the accused. If in
the addition or alteration to a charge is that in the opinion of the court,
proceeding immediately with the trail is not likely to be prejudice the accused
in the defence or prosecutor in the conduct of case, the court may in discretion
proceed with the trial as if the altered or added charge had been the original
If on the other hand such alteration or addition is likely to prejudice the
accused or the prosecutor, the court may adjourn the trial or it may direct a
if the charge is altered or added in offence where the previous sanction is
necessary the court can not proceed with until such sanction already obtained
for a prosecution on the same facts as those on which the altered or added
charge is framed.