Words in charge taken in sense of law under which offence is punishable, Effect of errors and Court may alter charge are defined under Section 214, 215, 216 and 217 of CRPC 1973. Provisions under this section is:
Section 214 of CRPC "Words in charge taken in sense of law under which offence is punishable"
In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.
Section 215 of CRPC "Effect of errors"
No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.
(a) A is charged under section 242 of the Indian
Penal Code, (45 of 1860.) with "having been in
possession of counterfeit coin, having known at the
time when he became possessed thereof that such coin
was counterfeit", the word "fraudulently" being
omitted in the charge. Unless it appears that A was
in fact misled by this omission, the error shall not
be regarded as material.
(b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge, or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material.
(c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error.
(d) A is charged with the murder of Khoda Baksh on the 21st January, 1882.In fact, the murdered person's name was Haidar Baksh, and the date of the murder was the 20th January, 1882.A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial.
(e) A was charged with murdering Haidar Baksh on the 20th January, 1882, and Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 1882.When charged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from this that A was misled, and that the error was material.
Section 216 of CRPC "Court may alter charge"
(1) Any Court may alter or add to any charge at
any time before judgment is pronounced.
(2) Every such alteration or addition shall be read and explained to the accused.
(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.
(4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.
(5) If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.
Section 217 of CRPC "Recall of witnesses when charge altered"
Whenever a charge is altered or added to by the
Court after the commencement of the trial, the
prosecutor and the accused shall be allowed
(a) to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice;
(b) also to call any further witness whom the Court may think to be material.
CHARGE - FORM OF CHARGES
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