Introduction
Precise information to the accused germane to the accusation against him is termed as “charge”.It is read and explained to the accused.
Section 2(c) of the Criminal Procedure Code, 1898 .
(c) Charge: "Charge" includes any head of charge when the charge contains more than one.
The number of offences mentioned in the charge are called heads of charge and all of them individually and together are known as 'charge.
Object-:
Framing charge meant to give intimation to the accused in unambiguous and precise notice of the nature of the accusation going to face in the trial. Charge framed grossly defective, not giving full notice to the accused of allegations against him, held, trial vitiated. Case remanded for retrial. (DB) PLJ 1991 Cr.C. (Lah.) 396. Muhammad Shafiq etc.
Law of ‘charge’
Sections 221 To 240, Cr.P.C.
Contents of the Charge.(221)
The charge shall -:
* State the offence charged.
* Specify the exact name of offence charged.
* Delineate the law for the offence which the accused is charged with.
*Then the definition of the offence must be clearly stated in the charge framed.
* State the law and its provisions in the charge.
* Be written in the language of the court.
* Inform about his previous convictions.
* Mention the Section under which the accused is charged.
* Mention the substance of the charge/offence.
* State the definition of the offence .
* State the facts constituting the offence if implied.
222. Particulars of Charge
The Charge Shall-:
* Contain particulars as to the time and place of the alleged offence,
* Name the person or the thing against whome offence was committed.
* Specify the gross sum in respect of which the offence of Criminal breach of trust or misappropriation allegedly committed.
*States the exact items & dates of commission of the offence and shall be one offence within period of one year.
The charge shall contain such sufficient particulars of how the alleged offence is committed.
224.. Basic Rule.
The words used to describe an offence in the charge shall convey the sense attached to them by the law under which the offence is punishable.
225. Effect of errors:
Error/omission is material if :-
* Not stating the offence or
* Not stating the particulars ,
* The accused is misled by such error or omission,
* It has occasioned a failure of justice.
The words used to describe an offence in the charge shall convey the sense attached to them by the law under which the offence is punishable.
Continued.....
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