Elements of Charge
In criminal procedure, Framing of Charge is the most important thing if you intend to prosecute the person who committed some offence. Correct framing of charge requires thorough understanding of charge and its elements. In this article we are going to discuss the accusation or charge, its elements and how charge to be framed. We will also throw light upon different charges that should be prosecuted separately and when a person can be tried for more than one offence in the specific circumstances. The various provisions of The Code of Criminal Procedure (Cr.P.C) contemplates that there shall be a precise charge for every distinct offence and that shall be tried separately. However, the cases mentioned in section 234, 235, 236 and 239 of Cr.P.C recognize the principal of joinder of charges.
Relevant Provisions
Following are the relevant provisions of Cr.P.C regarding joinder of charges.
- Section 234
- Section 235
- Section 236
- Section 239
Definition of Charge
Charge means accusation. According to Sec 4 (i), charge is the precise formulation of specific accusation made against a person.
Definition Joinder of Charge
When a person is tried for more than one offence in the specific circumstances.
Separate Charges for Distinct Offences U/S 233
The General Rule states that for every distinct offence of which any person is accused, there shall be a separate charge and such charge shall be tried separately.
Exceptions to The General Rule
Exceptions to the general rule mentioned in Sec 233 are as under:-
- More than One Offences of Same Kind within a Year May be Charged Together U/S 234. When a person is accused of more than one offences of same kind, committed within a year from the first to the last of such offences, he may be charged with and tried at one trial for any number of them not exceeding three
- Single Accused. Section 234 will apply only where there in only one accused. Illustration. Where three different persons were found to be drunk, provision of sec 234 would not apply.
- Sameness of offences. According to sec 234(2), offences are of the same kind when they are punishable with the same amount of the punishment under the same section of the P.P.C or of any special or local law.
- Offences may be against different persons. It is not necessary that all the offences committed within a year must be against a same person. Persons against whom offences committed may be different.
- Trial for More Than One Offences U/S 235 (1). If more than one offence is committed by the same person in one series of acts so connected together as to form the same transaction, he may be charged with and tried at one trial for every such offence.
- Same transaction. Transaction may be defined as a group of facts so connected together as to be referred by a single name, and when a person commits an offence in a transaction, he may be tried in one trial. Illustration. Dacoity and murder may form part of the same transaction and tried in one trial.
- No Limits of offences. In sec 235 (i), there is no limit of offences and unlike sec 234, it may exceed the number of three.
- Offences Falling Within two Definitions U/S 235(2). If the offence is falling within two or more definitions of any law which defines of offence, the person accused of such offence may be charged with and tried at one trial for such offence. Illustration. Where a girl of 15 years went out of her husband’s house at night and the accused seized her and took her away, the act will amount to offence both of kidnapping and abduction and can be tried at one trial.
- Acts Constituting One Offence but Constitute a Different Offence When Combined. When several acts make an offence and one or more than one of such acts would by itself constitute an offence, the persons accused may be constituted by such acts when combined and for any offences constituted by one or more than one of such acts.
- Offence for which a Person Might have been Charged U/S 236. If a single act or a series of acts is of such a nature that it, is doubtful which of several offences has been committed, the accused may be charged with having committed all or any of such offences and any number of such charges maybe tried in one trial. But the doubt has to be of the law and not of the facts.
What Persons may be Charged Jointly U/S 239
Following persons may be charged jointly:-
- Persons accused to the same offence committed in the course of same transaction.
- Persons accused of an offence and persons accused of an abetment or an attempt to commit it.
- Persons accused of more than one offences of the same kind committed jointly within a year.
- Persons accused of different offences committed in the course of same transaction.
- Persons accused of theft extortion or criminal misappropriation and persons accused of receiving or retaining or assisting in the disposal or concealment of the property obtained in the commission of these offences.
- Person accused of an offence under chapter XII P P.C relating to counterfeit coin and person accused of any other offence rerating to the same coin, or of abetment or attempt to commit such offence.
At the end, I can say, that it is in the interest of accused that there shall be a separate charge for every distinct offence. This rule is subject to certain exceptions. The main object of these exceptions is that the accused should not be exposed to the risk of conflicting decisions. It it is also for convenience in all trails, if prosecuted.
