Define and distinguish between Charge and Offences.

Question: Define and distinguish between Charge and Offences.

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Answer

The word offence is derived from the Latin word “offendere”, which means to strike again and is considered as an evil act. In terms of law, it is an act that is punishable by law.

As per Section 2(n) of CrPC, offence means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1871.

As per Section 2(b) of CrPC, the charge includes any head of the charge when the charge contains more heads than one. The provision says as to what is included in the definition of Charge i.e the definition is the inclusive one.

For example, if a man commits several offences by his single act then all the offences are called heads of charge, and all offences are individually and together are charged.

For example- As per section 251 CrPC, when the alleged offence is a summons case, then the charge need not be framed against the accused as per the provision, and in case of warrant cases when the accused is examined under section 239 CrPC’s charge has to be framed against the accused and the substance of the accusation shall be read over to him.

In session cases, the prosecutor shall open his case, as per section 226 Cr. P.C by describing the charge brought against the accused and he shall state by what evidence he proposes to prove the guilt of the accused.

As per ML Sethi v. RP Kapur, AIR 1967 SC 528, an offence is constituted as soon as it is found that the acts which constitute that offence have been committed by the person accused of the offence.

It remains an offence whether it is triable by the court or not. If a law prescribes punishment for that offence, the fact that the trial of that offence can only be taken up by courts after certain specified conditions are fulfilled does not make that offence any less an offence’

Hence, in simple words, we can say that a charge is a precise formulation of the specific accusation made against a person whereas the offence is an act or omission made punishable by law for the time being in force.

Therefore they are not interchangeable. The charge is framed only after inquiry for the offence alleged to have been committed. Therefore the charge shall state the offence with which the accused is charged.

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