Introduction. فرد جرم عائد یا مرتب کرنا
Charge under criminal law refers to the formal accusation made against an individual, alleging their involvement in a criminal offense. This charge is a crucial part of the legal process, as it determines the basis for prosecution and defense. Understanding the concept, implications, and legal procedures surrounding charges in criminal law helps in navigating the justice system effectively.
What is a Charge in Criminal Law?
A charge in criminal law is an official statement asserting that a person has committed a specific crime. It serves as the basis for legal proceedings, allowing courts to determine the guilt or innocence of the accused.
Importance of a Criminal Charge
A criminal charge plays a vital role in the legal system. It ensures that individuals accused of crimes are given a fair trial, with an opportunity to defend themselves. Without a formal charge, law enforcement cannot proceed with prosecution, making it a cornerstone of justice.
Charge, its contents, amendment of charge and its consequences (Section 221 – 240)
Charge is precise formulation of specific allegation made against the accused person. It is duty of the court to tell the accused nature of allegation against him at the early stage of the trial. It is technically called framing of charge by the court. Charge is framed at the outset of trial in all kinds of trial. Recording of evidence by the court always starts after framing of the charge. Without charge, the trial becomes illegal and be vitiated.
Procedure:
It shall be in writing. It shall be put to the accused. The accused person shall be asked, whether he admits the charge or denies the charge. Accused shall sign the chargesheet. Court shall write the certificate (memorandum) at the end of the chargesheet.
Contents:
- Name of the court
- Title of the case
- Particulars of the case and accused
- Offence and its description
- Definition of offence or its name
- Section of offence
- Time, date and place of the offence
- Manner of offence
- Language shall be English or language of the code
- Previous conviction (if any).
Error in the charge and its effect:
Framing of charge is duty of the court and trial shall commence after framing of charge. Without framing the charge trial is illegal and be vitiated at any stage of the case. In such cases, trial denovo shall be started from the stage of framing of charge.
Amendment of the charge:
Charge may be amended at any stage of the proceedings, even at the appellate stage.
Effect of the amendment in charge (Error in the charge):
If the error is immaterial, charge may be amended and trial shall continue. If the error is material, charge maybe amended and witnesses shall be re-examined (if already examined). Amendments in the charge shall be communicated to the concerned parties if error is material and in this regard amendments maybe heard. Amendment in the charge maybe done suo moto or on the application of any party. Material error means the error and amendment is causing prejudice to any of the parties to the case. For example, change of provision of law.
Re-examination of the witnesses maybe conducted only pertaining to such amendment in the charge. In such cases opportunity of cross examination shall be provided again to this extent. All such orders pertaining to the charge maybe challenged through filing a criminal revision. There is no limitation of time period for such purpose till conclusion of trial.
Joinder of Charges (Section 233 – 240):
General Rule (Section 233):
For every distinct offence, there shall be separate charge. However it has some exceptions (joinder of charges or heads of charges or counts of charges).
Exception No 1 (Section 234):
If three offences of same kind have been committed within 1 year by the same accused, charge maybe framed jointly. For example, theft (section 379 PPC), recovery of stolen articles (section 411 PPC).
Exception No 2 (Section 235):
Series of acts in the same transaction committed by the same person, charge maybe framed jointly. For example, attack on police (section 186 PPC), injury to the constable (hurt), snatching the gun of the constable and rescues his companions (section 225 PPC).
Exception No 3 (Section 236):
If the offence is doubtful, both charges shall be framed. For example, murder and destroying the dead body.
Exception No 4 (Section 237):
If the person is charged for one offence but the evidence shows different offence. For example, abduction and abetment.
Exception No 5 (Section 238):
If the person is charges for one offence but the evidence shows different offence. For example, section 324 PPC converted into section 337 PPC.
Note: Converse is not allowed.
Exception No 6 (Section 239)
In following cases more than one offenders maybe tried jointly;
- Several accused committed same offence in the same transaction. For example, murder by many persons.
- One accuse commits main offence and other accused is abettor etc.
- Offences of same kind within 1 year by the same persons.
- Persons accused of different offences during same transaction maybe tried jointly.
- Persons accused of counterfeiting currency cases.
Conclusion
A charge in criminal law is a fundamental element of the justice system, ensuring that individuals accused of crimes undergo a fair and transparent legal process. Understanding the nature of criminal charges, the legal procedures involved, and the rights of the accused helps individuals navigate the legal system more effectively. Whether as an accused, a complainant, or a legal professional, awareness of charges in criminal law is essential in upholding justice.
Read More:
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