Code:
(1) Every charge under this Sanhita shall state the offence with which the accused is charged.
(2) If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.
(3) If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.
(4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.
(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.
(6) The charge shall be written in the language of the Court.
(7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit, to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.
(a) A is charged with the murder of B. This is equivalent to a statement that A’s act fell within the definition of murder given in sections 100 and 101 of the Bharatiya Nyaya Sanhita, 2023; that it did not fall within any of the general exceptions of the said Sanhita; and that it did not fall within any of the five exceptions to section 101 thereof, or that, if it did fall within Exception 1, one or other of the three provisos to that exception applied to it.
(b) A is charged under sub-section (2) of section 118 of the Bharatiya Nyaya Sanhita, 2023, with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by sub-section (2) of section 122 of the said Sanhita, and that the general exceptions did not apply to it.
(c) A is accused of murder, cheating, theft, extortion, or criminal intimidation, or using a false propertymark. The charge may state that A committed murder, or cheating, or theft, or extortion, or criminal intimidation, or that he used a false propertymark, without reference to the definitions, of those crimes contained in the Bharatiya Nyaya Sanhita, 2023; but the sections under which the offence is punishable must, in each instance be referred to in the charge.
(d) A is charged under section 219 of the Bharatiya Nyaya Sanhita, 2023, with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.
Explanation:
This provision from the Bharatiya Nyaya Sanhita, 2023 outlines the fundamental rules for framing a charge in a criminal case. A charge is a formal accusation made against an individual, specifying the offence they are alleged to have committed. The provision ensures that the accused is clearly informed of the allegations against them, thereby safeguarding their right to a fair trial.
Clause-by-Clause Explanation
- Clause (1) – Stating the Offence Clearly
- Every charge must specify the offence the accused is being charged with.
- This ensures that the accused is aware of the exact crime alleged against them.
- Clause (2) – Using Specific Legal Terms
- If the law defines a specific name for the offence (e.g., “murder,” “theft,” “cheating”), that name should be used in the charge.
- This makes the charge concise and legally precise.
- Clause (3) – Definition of the Offence (If No Specific Name Exists)
- If the offence does not have a designated name, a part of its legal definition must be included in the charge.
- This ensures that the accused understands the nature of the allegations.
- Clause (4) – Mentioning the Relevant Law and Section
- The charge must include the law and the specific section under which the offence is punishable.
- This provides clarity regarding the legal basis of the accusation.
- Clause (5) – Presumption of Legal Compliance
- The framing of the charge implies that all necessary legal conditions to constitute the offence have been met.
- This means that when a charge is framed, it is presumed that the prosecution has followed the legal requirements to bring the case.
- Clause (6) – Language of the Court
- The charge must be written in the language of the Court, ensuring that the accused and legal professionals can understand it.
- This is important for accessibility and fairness in legal proceedings.
- Clause (7) – Previous Convictions and Enhanced Punishment
- If the accused has a prior conviction that may lead to a harsher punishment, this must be mentioned in the charge.
- If this information was omitted initially, the Court can add it before sentencing.
Illustrations:
(a) A is charged with the murder of B. This is equivalent to a statement that A’s act fell within the definition of murder given in sections 100 and 101 of the Bharatiya Nyaya Sanhita, 2023; that it did not fall within any of the general exceptions of the said Sanhita; and that it did not fall within any of the five exceptions to section 101 thereof, or that, if it did fall within Exception 1, one or other of the three provisos to that exception applied to it.
(b) A is charged under sub-section (2) of section 118 of the Bharatiya Nyaya Sanhita, 2023, with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by sub-section (2) of section 122 of the said Sanhita, and that the general exceptions did not apply to it.
(c) A is accused of murder, cheating, theft, extortion, or criminal intimidation, or using a false propertymark. The charge may state that A committed murder, or cheating, or theft, or extortion, or criminal intimidation, or that he used a false propertymark, without reference to the definitions, of those crimes contained in the Bharatiya Nyaya Sanhita, 2023; but the sections under which the offence is punishable must, in each instance be referred to in the charge.
(d) A is charged under section 219 of the Bharatiya Nyaya Sanhita, 2023, with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.
Common Questions and Answers:
- Q: Can a charge be amended?A: Yes, the court can amend the charge at any time before sentence is passed. This is important to ensure accuracy and address any discrepancies in the original charge.
- Q: What if the charge doesn’t include all the necessary details?A: A charge lacking essential details might be deemed insufficient and could potentially affect the validity of the proceedings. This is why it’s crucial for prosecutors to draft charges with care and accuracy.
- Q: How does this section ensure fairness for the accused?A: By requiring specific and clear charges, Section 234 helps the accused understand the allegations against them and prepare their defense effectively. This contributes to a fair and just legal process.
