Charge under Criminal Law-

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

 

Charge under Criminal Law-

Tanmoy Mukherji

Advocate

CHARGE UNDER BNSS, 2023 is a formal accusation framed by the Court against an accused.

Meaning of Charge-

A charge is the formal and precise accusation framed by a criminal court against an accused, stating the offence for which the accused is required to face trial.

Statutory basis-

Sections 234 – 247 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

Why a Charge is Important-

→Gives clear notice of the accusation

→Enables the accused to prepare defence

→Defines the scope of the trial

→Prevents surprise or prejudice

→Ensures a fair trial

→Assists the court in focusing on real issues.

Essential Elements of a Charge-

→Offence alleged (use the name, if any)

→Relevant statutory provision (section of law)

→Time of offence

→Place of offence

→Person against whom / property involved

→Manner of commission (where necessary)

→Sufficient particulars to inform and enable the accused to defend.

Charge vs Charge-sheet vs FIR-

Basis	FIR	Charge-sheet / Police Report	Charge
Prepared by	Informant / Police	Police (Investigating Agency)	Court
Stage	Beginning of process	After investigation	Before trial
Nature	Information of cognizable offence	Investigative conclusion	Formal judicial accusation
Purpose	Sets law in motion	Places evidence before court	Specifies accusation to be tried
Determines guilt?	No	No	No
Role in trial	Not a charge	Not a charge	Defines the offence to be tried.

 

Charge-sheet is prepared by the police; charge is framed by the court. They are not the same thing.

Stages from Offence to Trial-

Standard for Framing Charge-

At charge stage	At trial stage
→Court considers whether there is a strong suspicion supported by material.	→Evidence is tested in open court.
→It does not conduct a full trial.	→Guilt must be proved beyond reasonable doubt.
→It does not weigh evidence as in final adjudication.	→Detailed appreciation of evidence.
→It sees whether there is a prima facie case to proceed.	→Final determination of guilt or innocence.

 

“Framing of charge does not mean the accused is guilty. It only means that there is sufficient ground to proceed.”

Example of a Charge (Simplified)-

“That you, A, on 15 March 2025 at Kolkata, did intentionally cause the death of B by stabbing him with a knife, and thereby committed the offence of murder punishable under Section 103 of the Bharatiya Nyaya Sanhita, 2023.”

Joinder of Charges-

Common Errors and Their Effect-

Incorrect date or place:	Not fatal if no prejudice is caused.
Omission of a detail:	Valid if charge still sufficiently informs the accused.
Mis-description of section:	Not fatal if the substance of the offence is clear.
Defect causing confusion:	May vitiate the proceedings if prejudice is shown.

 

Alteration or Addition of Charge-

→Court may alter or add to a charge at any time before judgment.

→Accused must be informed and given opportunity to defend.

→If necessary, witnesses may be recalled or re-examined.

→It should not result in prejudice to the accused or prosecution.

Case Illustrations-

Murder case:	Investigation → charge-sheet → court frames charge → trial.  Framing charge ≠ guilt.
Discharge vs charge:	No material → discharge. Strong material → charge framed.
Alteration of charge:	New evidence during trial → court may alter charge → accused given opportunity.
Connected offences:	House trespass + assault + theft in same occurrence → may be tried together.

 

Important Judicial Decisions-

Significance-

→A charge is a formal accusation framed by the court.

→It gives the accused clear notice of the case to be met.

→Charge and charge-sheet are different.

→Framing of charge is based on sufficient material, not proof beyond reasonable doubt.

→Court may join, alter or add charges in appropriate cases.

→Not every error in a charge is fatal; the key question is prejudice.

→Fair framing of charge is essential for a just trial.