What are the contents of charge? Section 211 of Code of Criminal Procedure 1973

Contents of Charge is defined under Section 211 of CRPC 1973. Provisions under this section is:

Section 211 of CRPC "Contents of Charge"

(1) Every charge under this Code 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.

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 section 299 and 300 of the Indian Penal Code(45 of 1860); that it did not fall within any of the general exceptions of the said Code; and that it did not fall within any of the five exceptions to section 300, 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 section 326 of the Indian Penal Code(45 of 1860) 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 section 335 of the said Code, and that the general exceptions did not apply to it.

(c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property-mark.The charge may state that A committed murder, or cheating, or theft, or
extortion, or adultery, or criminal intimidation, or that he used a false property-mark, without reference to the definitions of those crime contained in the Indian Penal Code(45 of 1860); 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 184 of the Indian Penal Code(45 of 1860) 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.

212.Particulars as to time, place and person.-

(1) The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.

(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe the movable property in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 219:

Provided that the time included between the first and last of such dates shall not exceed one year.

CHARGE - FORM OF CHARGES

What are the contents of charge? Section 211 of Code of Criminal Procedure 1973

What are the Particulars as to time, place and person in case of charge?  When manner of committing offence must be stated? Section 212 and 213 of Code of Criminal Procedure 1973

Words in charge taken in sense of law under which offence is punishable, What are the  Effect of errors, What is the meaning of Court may alter charge? What is Recall of witnesses when charge altered? Section 214, 215, 216 and 217 of Code of Criminal Procedure 1973

JOINDER OF CHARGES

What is separate charges for distinct offences? Three offences of same kind within year may be charged together. Section 218 and 219 of Code of Criminal Procedure 1973

What is Trial for more than one offence?. Section 220 of Code of Criminal Procedure 1973

Where it is doubtful what offence has been committed. When offence proved included in offence charged? Section 221 and 222 of Code of Criminal Procedure 1973

What persons may be charged jointly? Withdrawal of remaining charges on conviction on one of several charges? Section 223 and 224 of Code of Criminal Procedure 1973

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