A charge is defined under Section 2 (b) of the Code of Criminal Procedure, 1973 defines ‘charge’ in an inclusive manner. According to which a charge includes any head of the charge when there are more heads than one. It is one of the most important particulars to the concept of a fair delivery of justice in which the accused is informed of the precise charges registered against him by the complainant that gives the accused a fair chance in forming defense before the course of the trial. The written charges are then to be read and explained to the accused person. Charges should be written by the specifics, clear and in an unambiguous manner.
Essentials of a charge defined as per section 211 of CrPC
- Offences with which the accused is charged must be expressed according to the code of conduct.
- Naming the offences mentioned along with the charge.
- In case of the absence of a particular name, the definition or meaning of the offences must be expressed.
- The charge must be mentioned along with the law or section of the law under which the accused is charged.
- Then it must be verified that the charge does not come under any exceptions provided under the offence. If it falls under any exception then it must adhere to them.
- It must also mention all the facts, date, and places of any offences previously committed by the accused if any within the span of one year.
- The charge must follow the language of the court or the language, which is understandable by the accused.
- Must mention the facts, date, time, and place of the commission of the crime or any other object against which the crime took place
- Particulars of the crime should be mentioned and explained in detail in case if the provided information is not sufficient for the accused to understand the crime for which he is charged for.
The format under which the charges are to be framed is mentioned in the second schedule.
Format for charges with one head
(a) I _Sanket Rane_ (name) ______ (office of Magistrate, etc.), hereby charge you__Kunal Pandya__ (name of the accused person) as follows —
(b) On section 30- That you, on or about the __ day of_____, at _____, describing the crime under section 30 of Indian Penal Code, and within the cognizance of this Court.
(c ) And I hereby direct that you be tried by this Court on the said charge.
(Signature and Seal of the Magistrate)
Format for Charges with Two or More Heads
(a)I ________ (name) ______ (office of Magistrate, etc.), hereby charge you_______ (name of accused person) as follows—
(b) On section 30 -That you, on or about the _____ day of____, at____, and thereby committed an offence punishable under section 30 of the Indian Penal Code, and within the cognizance of the Court of Session.
Secondly — That you, on or about the___day of___, at ____,____ (Description of the offence )thereby committed an offence punishable under section 30 of the Indian Penal Code, and within the cognizance of the Court of Session.
(c) And I hereby direct that you be tried by this Court on the said charge.
(Signature and Seal of the Magistrate)
