What are the contents of charge under the Code of Criminal Procedure, 1973?

Question: What are the contents of charge under the Code of Criminal Procedure, 1973?. [UPHJS 2018]

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Answer

Section 2(b) of the Code of Criminal Procedure, 1973 (hereinafter, ‘CrPC’) defines ‘charge’ in an inclusive manner. According to this provision, the charge includes any head of the charge when there are more heads than one.

The definition of charge in CrPC is very vague and beyond the comprehension of a layman. Before defining charge in simple terms, it is vital to decode this definition and understand what CrPC wants to say about the definition of charge. A person can commit several offences in one single act.

For instance, A stole all the jewellery in B’s house by keeping the inmates at gunpoint. Here, A has committed house-trespass, theft, theft in a dwelling house, illegal possession of arms, assault and so on and so forth.

Thus, when a criminal prosecution initiates, the Magistrate charges the accused and informs him of the number of offences that have been alleged against him. All these offences are called heads of charge and all of them individually and together are known as ‘charge’. This is contemplated by Section 2(b) of the CrPC.

Section 211 of the CrPC enlists the essentials of a charge. Further, Sections 212 and 213 provide additional information which is to be stated in the charge sheet under certain special circumstances.

The contents of charge are as follows:

The title of the offence with which the accused is charged. For instance, if the act is stealing, the exact title as used in the Indian Penal Code must be stated, i.e. “theft”.

After the title of the offence, the offence must be described by explaining the act that constitutes the offence. For instance, the offence is “theft” committed by stealing the properties of ‘A’.

The charge sheet must define and explain the elements of the offence with which the accused is charged. Every offence has been defined by the IPC or other relevant laws and there are certain essential ingredients to be proved. The charge sheet must mention them. For instance, in the offence of theft elements are, ‘taking property out of the possession of its lawful owner’ and ‘with a dishonest intention’.

Then the Magistrate must remember that the accused is a layman and may not be acquainted with the law and provisions of law. Hence, the charge must contain the name of the law and the relevant provision number.

Next are the substantive requirements that need to be conformed to. It means if there are any exceptions to the elements mentioned before or any defence is allowed to the accused. For instance, if the property is taken out of the possession of its lawful owner to protect it from damage, it is not theft.

The Magistrate shall make a note to the effect that all the essential requirements of the offence were fulfilled in the case by the acts of the accused person(s). The Magistrate shall further explain the facts under what the elements have been fulfilled. For instance, at the time of the offence, ‘A’ was seen by B’s neighbour entering B’s house proves that A was at the place of crime.

The charge shall also be accompanied by an averment stating any prior conviction or any recidivism that the accused is liable for because of which he is entitled to severe punishment. This enables the trial court to proceed with the trial quickly and easily.

The charge should also contain the particulars, i.e. details of the time when and the place where the offence is alleged to be committed. In a criminal trial time and place are extremely momentous. If the accused person can show his presence at a different place at the same time, he can successfully claim the plea of alibi. Hence, time and place are essential.

Further, the person or the thing against which the offence is alleged to be committed by the accused shall also be included. Detail of the person affected to assist in establishing the identity of the accused and any motive for the commission of the offence.

In case the offence charged is in the nature of misappropriation or criminal breach of trust or any offence where the actual amount of money lost cannot be ascertained, a gross or approximate amount of loss will satisfy the requirement.

Lastly, if even after specifying all the above ingredients, the Magistrate feels that the offence is of such a nature that the accused may not be able to understand the charges, he may as it deems necessary to explain the offence in his terms so as to give full and accurate knowledge to the accused about the offence.

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