CHARGE:

CHARGE:
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Chapter (19) of the Code of Criminal Procedure provides forms of Charge and gives sufficient details about Charge.

Charge Definition:
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According to section (4), A Charge is the precise formulation of the specific accusation made against a person; it shall give the accused full notice of the offence charged against him.

Charge means inculpation of a person for an alleged offence. Charge includes any head of Charge, when the Charge contains more heads then one. It is drawn up in the form of a statement and contains the description and details of the offence alleged as to have been committed by the accused.

Object of Charge or why a Charge is required to be framed:
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Charge enables the accused to know the Particular accusations made against him in-order to meet and to be ready for them before the evidence is given.
Unless the accused has the accurate and precise knowledge of the Charge levelled against him, he will not be able to meet his defence.

Particulars of a Charge:
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According to sections (221), (222) and (223) of Cr.P.C, a Charge should include the following particulars;

1. The offence with which accused is charged, giving any specific name of the offence or its definition, so as to give accused notice of the matter with which he is charged.

2: The Law or section of Law in-respect of which the offence is alleged to have been committed.

3: Where the accused is liable, to enhanced punishment on account of his previous conviction and such previous conviction has to be proved, such Charge shall state the fact, date and place of the previous conviction.

4; The time and place of the alleged offence and the person against whom, or the thing in respect of which, it was committed.

5: In case of criminal breach of trust or dishonest misappropriation of money only, the gross sum in respect of which the offence is alleged to have been committed and the dates between which it is committed may only be stated.

6: Where the particulars mentioned above are not sufficient to give notice of the offence with which the accused is charged, then the Charge shall also contain the particulars of the manner in which the alleged offence was committed.

Competency of Court to amend alter or add other offence to Charge:
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According to section (227), "Any Court may alter or add to any Charge at any time before judgment is pronounced and every such alteration or addition should be read and explained to the accused."

Comments:

The Court is competent and may alter or add to any Charge upon its own motion or on application by prosecution, but such alteration or addition of a Charge, should not prejudice the accused.

Its Consequences:
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According to sections (228), (229), (230), (231) and (232), the following are the consequences of alteration or addition to Charge, which are as under:

1: The Court should proceed with the trail, if in the opinion of the Court, such alteration or addition made to the Charge is not likely to prejudice the accused in his defence or the prosecution in the conduct of the case, and the Court should treat the new or altered Charges as the original Charge.

2: When the new, altered or added Charge is such which prejudice the accused or the prosecution, then the Court may in its opinion, either direct a new trial or adjourn the trail for such period as may be necessary.

3: The case shall not be proceeded with, when the new, altered or added Charge is one for the prosecution of which previous sanction is necessary, until such sanction is obtained.

4; Whenever a Charge is altered or added to by the Court after the commencement of the trail, the prosecution and the accused shall be allowed to recall or re-examine the witnesses and also to call any further material witnesses with reference to such alteration or addition.

5: Whenever in opinion of any Appellate Court in the exercise of its powers of revision or submission of sentences for confirmation, that any person convicted of an offence was misled in his defence by the absence of a Charge or by an error, it shall direct a new trail to be had upon a Charge framed in whatever manner it thinks fit.

6: The Court shall quash the conviction, when the facts proved against the accused are such that no valid Charge could be preferred.

What is the possibility to convict an accused of an offence without having Charged him thereof:
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According to section (237), in the case mentioned in section (236), when it is doubtful what offence has been committed. In such case when the accused is Charged with one offence and it appears in evidence that he committed a different offence, the Court can convict, such accused although he was not charged with it.

Conclusion:
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So from the above discussion it is found that charge provides detail in respect of accusation and allegations made against an accused by prosecution. It is framed by the court in-order to stand test of the trial against the accused and to evaluate that the complaint made against him is genuine or not