FRAMING OF CHARGE

FRAMING OF CHARGE

Ä  What is charge? How it is framed and what are its contents?

Ä  What is charge? How it is framed under Cr.P.C? Can it be amended during the trial?

Ä  Can a person charged with one offence be convicted of another?

Ä  Can a person charged with one offence? If so when?

Ä  What is a charge? What are its objects? What particulars are required to be stated in the charge?

Ä  What ate the essentials of a charge? Discuss effects of different types of errors in the charge.

INTRODUCTION

RELEVANT PROVISIONS

Sections 221, 222, 223, 227, 228, 229, 230, 237, 238

MEANING AND DEFINITION OF CHARGE

Definition According To Section 4(c)

OBJECTS OF FRAMING OF CHARGE

PARTICULARS OF FRAMING OF CHARGE

In framing of charge, following essentials must be fulfilled:

I-                    STATE THE OFFENCE

II-                  OFFENCE BY NAME

III-                LAW AND SECTION OF OFFENCE

IV-               LANGUAGE OF CHARGE

V-                 REDUCED IN WRITING

VI-               PREVIOUS CONVICTION

VII-             PARTICULARS AS TO TIME PLACE AND PERSON

It is necessary that charge should contain particulars as to;

i)                    Time of Offence.

ii)                  Place of Offence.

iii)                Person Against Whom Offence Was Committed.

iv)                Thing Against Whom Offence Was Committed.

VIII-           MANNER OF COMMITTING OFFENCE

AMENDMENT OR ALTERATION IF CHARGE U/SEC 227

CHARGE NOT PREJUDICE THE ACCUSED OR PROSECUTION U/SEC 228

CHARGE PREJUDICE THE ACCUSED OR PROSECUTION U/SEC 229

STAY OF PROCEEDINGS IF ALTERED CHARGE REQUIRES PREVIOUS SANCTION U/SEC 230

PERSON CHARGED WITH ONE OFFENCE BE CONVICTED OF ANOTHER

I-                    GENERAL RULE U/SEC 237

II-                  EXCEPTIONS

III-                SUBSECTION 3 OF SECTION 238

CONCLUSION