WHAT IS CHARGE In Criminal Code Of Civil Procedure
What is Charge In Criminal Code Of Civil Procedure ? well THE CHARGE: SECTIONS 211-224 and 464 of CRPC Charge is a first notice to accused of his offence. It is the establishment of the allegation(s) against the accused in a criminal case. The inspiration behind a charge is to inform an accused individual, precisely and succinctly of the issue with which he is charged.
Article by – Aparna Sharma
Section 2(b) of the Code of Criminal Procedure (CRPC) defines a charge as including any head of charge, when the charge contains more than one. However, the code of criminal procedure does not define what charge is. In law charge maybe define as precise formulation of a specific accusation made against a person of an offence alleged to have been committed by him.
PURPOSE AND OBJECT – WHAT IS CHARGE In Criminal Code Of Civil Procedure ?
The object is to give the accused notice of the offense he is charged with and does not touch jurisdiction. To tell the accused, as precisely and concisely as possible , about the matter with which he is charged and to warn the accused of the case which he has to answer. The forms in which the charges may be framed are set forth in second schedule of the code of criminal procedure.
CONTENTS AND ESSENTIALS OF A CHARGE
WHAT IS CHARGE In Criminal Code Of Civil Procedure ? well A charge must contain the following:
- Offence to be stated – In a charge sheet, the offence must be expressed, so that the accused may shield him.
- Description of offence by name – If the law which creates the offence does not give it any specific name, the offence may be described in the charge by that name.
- Definition of offence – Where the criminal law does not give any specific name to the offence than a definition / to give the accused notice of the matter with which he is charged.
- Section of law – The law and the section of law against which the offences is said to have been committed shall be mentioned in the charge.
- Compliance with substantive requirements of offence – The charge must fulfill the requirements of offence, i.e., which it must come within the expectations, or if it comes, then it must be mention in it.
- The language of the charge –The charge shall be framed in English or the court’s language or the language understandable by an accused.
- Previous conviction of the accused – Where the accused is liable to enhance punishment by the virtue of his previous conviction and such previous conviction has to be proved; such charge might state the fact, date and place of the previous conviction.
- Particulars as to time place and person – It is necessary that charge ought to contain time of offence, place of offence, person against whom the offence was committed and things against whom the offence was committed.
- Particulars of the manner of the alleged offence –Where the particulars above are not sufficient to give notice of the offence with which the accused is charged, the charge shall likewise contain the particulars of the way in which the alleged offence was committed.
- Thing is Respect of which offense was committed – A charge should express the property in respect of which not is said to have been taken place, for example where an offense is committed under Arms Ordinance, details of the arms recovered from the house of the accused must be stated in the charge.
The charge is an essential step in a criminal proceeding. It isolates the inquiry stage from the trial. The charge is a first notice to accused of his offense; it should convey to him in sufficient clearness and certainty what the prosecution intends to prove and which case the accused is to meet. At the phase of framing charge, the court exercises a limited jurisdiction. It would just need to see with respect to whether a prima facie case has been made out.
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