Charge
Charge
1. The charge form shall state the offence for which the
accused is charged.
2. The charge form shall specify the exact offence name
for which the accused is charged.
3. In case there is no specific name given under any law
for the offence which the accused is charged with, then
the definition of the offence must be clearly stated in
the charged form and informed to the accused.
4. The law and provisions of the law to be mentioned in
the charge form.
5. The charge shall be written in the language of the
court.
6. The accused shall be informed about his previous
allegations which would expose him to enhanced
punishments if found guilty for the offence charged.
The trial court or the appellate court may either alter or add
to the charge provided the only condition is:
Joinder of charges
In the case of K. Satwant Singh v. State Of Punjab (1960),
sections of joinder of charges are not compelling. They only
permit the joint trial of charges under certain
circumstances, and the courts may consider the same in the
interest of the administration of justice after thoroughly
studying the facts and circumstances of each case.
Exception 5
Section 220(4) of Cr.PC When the accused commits several
acts and one of which constitutes an offence and when it is
combined constitutes a different offence, the accused
person may be tried at one trial for the offence constituted
by such acts when combined and for any offence constituted
by any one or more of such acts.
Effect of errors
Section 215 and 464 of Cr.PC deals with effect or errors.