Mirza Mohammad Rifat.:What is a Charge? What are the procedures of framing the charges under the relevant sections of the Code of Criminal Procedure?



What is a Charge? What are the procedures of framing the charges under the relevant sections of the Code of Criminal Procedure?

Introduction

 

A charge is an important step in a criminal proceeding. It separate the inquiry stage from trial .A charge is drawn up by a court only when the court is satisfied by the prima facie evidence against the accused.

Definition of Charge

Charge means to prefer an accusation against some one. To charge a person is means that, the person is accused for some offence. A charge is a written document containing the description of the offence which the court in inquiry or trial finds prima facie against the accused, and the accused is requires defending it.

Object of Charge.

The object of charge is to tell the accused as precisely about the offence with which he is charge and will be tried.

1. Charge gives the opportunity to the accused to prepare his defense.

2. Charge is to save the principles of natural justice. No should be condemned unheard.

Contents of a Charge.

Section 221 to 224 of the CrPC specifies the particulars which contents in a Charge as follows -

(1) Every charge under this Code shall state the offence with which the accused is charged.

(2)  Particulars of the manner in which the alleged offence was committed….223.

(3) Particular as to the time, place, of the alleged offence and the person against whom it was committed…..222. 

(4) A statement of law and the section of the law against which the offence is said to have been committed shall be mentioned in the charge….221.

(5) The previous conviction of the accused, if such conviction is sought to be proved at the trial…..221.

(6) The charge must specify the detail of the offence from the definition of the offence so that the accused is given a clear idea of it.

Requirements.

(1) The charge shall be written in English or in the language of the court.

(2) When the court frame charge should avoid all unnecessary words. Abbreviation or recondite words should be avoided.

Effects of errors in a Charge.

According to Section 225 of the Code of Criminal Procedure.

The object of this section is to prevent a failure of justice. Where there are errors or omission in stating the offence in the charge. If the accused has not been misled by such error or omission, but fully understand the case and raises all possible defenses in the trial, the error or omission can not be said material. Case reference- Hazrat Jamal VS State (1959) 11 DLR 884(SC).

Alteration in Charge.

According to Section 227 of the Code of Criminal Procedure.

Alteration or addition is permitted at anytime before pronounced of the judgment. It is the discretion power of the court to alter or add in a charge. During the course of evidence if new causation come out, such new causation can be charged by addition to the previous charge. Case reference- Md. Nasim VS State (2005) 57 DLR 546.

Effect of Alteration.

(1) Every alteration or addition shall be read and explained to the accused….Section 227.

(2) After alteration or addition of the charge if the court opinion that the altered or added charge shall deemed to be the original charge……...Section 228.

(3) After alteration or addition of the charge if the court thinks that, the charge is likely, to be prejudice the accused or the prosecutor may adjourn the trial for such period as may be necessary or may direct for a new trial.

(4) After alteration or addition of the charge, if previous section is necessary, for prosecution the offence - shall not be preceded until such sanction is obtained.

(5) If the charge is alter or added after the commencement of trial then the prosecutor and the accused are entitle …..Section 231.

                              

                                #.To re-calls and examines any witness.

                                #. To call any farther witness.

Separate charges for distinct offences.

According to Section 233 of the Code of Criminal Procedure.

For every distinct offence of which any person is accused, shall be a separate charge and every such charge shall be tried separately, except in the case mentioned in Section- 234, 235, 236and 239.The object of separate charge is that-

           (1)To save the accused from being frustrated in his defense.

           (2)To prevent the inconvenience of hearing together.

       Case reference- State VS Azahar Gazi (1971) 23 DLR 32.

Note-A distinct offence may distinguished from other offences by difference in time or place of commitment, victims of the offence, or by difference in the sections of the law which make the acts as offence.

Trial for more then one offence.

Section 235 is the exception to the general rule which mentioned in section 233 of this code.

When several distinct offence are committed by a person in one series of acts so connected each other in the case of the same transaction-shall be charged  and tried for every such offence in one trial. Case reference-KM Zakir Hossain VS State (1976) 28 DLR 452.

Person charge with one offence be convicted of another offence.

According to Section 237 of the Code of Criminal Procedure.

When a person is charged with an offence and it appears in evidence that he committed another offence, for which no charge was framed. For which a charge might have been framed under section 236. In such a situation, the accused may be convicted of the offence which he is shown to have committed even if he is not charged with that offence. Case reference-Jaifar VS  Idris Ali (1951) 3 DLR 144.

Certain persons may be charged jointly. 

 The following persons may be charged and tried together under section 239 , namely:-

(a) Persons accused of the same offence committed in the course of the same transaction. @ Md.Musaddar huq vs State 10 DLR 29 (SC).

(b) Persons accused of an offence and persons accused of abetment or attempt to commit, such offence. @ KM Hussain vs State 29 DLR 250 (SC).

(c) Persons accused of more than one offence of the same kind, within the meaning of section 234 committed by them jointly within the period of twelve months.

(d) Persons accused of different offences committed in the course of the same transaction. @ Col. Syed Farooq Rahaman vs State 53 DLR 287 (HC).

(e) Persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation etc.

(f) Persons accused of offences under sections 411 and 414 of the  Penal Code or either of those sections in respect of stolen property the possession of which has been transferred by one offence;

(g) Persons accused of any offence under Chapter XII (12) of the Penal Code relating to counterfeit coin.

                                                                                                   
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