FRAMING OF CHARGE UNDER CRPC

सीआरपीसी अंतर्गत शुल्क आकारणे

The framing of charges under CrPC is a pivotal stage in criminal proceedings where a court
formally accuses an individual (the accused) of committing a specific offence based on evidence
and allegations presented by the prosecution.

This process plays a crucial role in the criminal justice system by informing the accused of the
charges against them, establishing the legal foundation for a trial and promoting transparency
and fairness in legal proceedings.

It is a fundamental aspect of due process, ensuring that the accused’s rights are protected and
setting the stage for the trial, where guilt or innocence is ultimately determined. The framing of
charges marks a significant milestone in the journey toward justice in criminal cases.

What is a Charge under CrPC?

The term ‘Charge’ is defined in Section 2(b) of the Code of Criminal Procedure (CrPC), 1973, as
“any head of charge when the charge contains more heads than one.” This section provides
definitions for both ‘charge’ and ‘charges.’

A charge represents a formal accusation made by the court against an individual accused of
committing an offence. In essence, a charge is a legal term used to describe an allegation.
Similarly, when an allegation against an individual encompasses multiple elements, it is referred
to as ‘charges.’

To illustrate this with an example: Suppose an individual, A, is accused by B in a hit-and-run

case, resulting in the filing of a First Information Report (FIR). Subsequently, the police will
present a report to the court, detailing the offence A is alleged to have committed, along with
the progress of the investigation.

After careful consideration, the court will frame charges against A. In the given scenario, the
court might frame charges of Rash Driving (as per Section 279 of the Indian Penal Code, 1860)
and Culpable Homicide not amounting to Murder (as per Section 299 of the IPC) to initiate the
trial. However, if A had been accused solely of Rash Driving, the court would have framed a
single charge against him.

Meaning of Framing of Charges

Framing of charges in a criminal case is the formal accusation of an individual committing a

specific offence or crime. During this process, the court reviews the evidence and the allegations
presented by the prosecution and if it finds sufficient grounds to believe that the accused has
committed the offence, it formulates and formally presents the charges against the accused.

फौजदारी खटल्यात आरोप निश्चित करणे म्हणजे एखाद्या व्यक्तीिे निनशष्ट र्ुन्हा नकंिा र्ुन्हा केल्यािा औपिाररक आरोप. या
प्रनियेदरम्याि, न्यायालय पुरािे आनण नफयागदीिे सादर केले ल्या आरोपांिे पुिरािलोकि करते आनण जर आरोपीिे र्ुन्हा
केला आहे असे मािण्यास पुरेसे कारण सापडले तर ते आरोपीनिरुद्ध आरोप तयार करते आनण औपिाररकपणे सादर करते.

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The framing of charges under CrPC is a crucial step in criminal proceedings because it serves
several important purposes:

• Informing the Accused: It informs the accused of the specific offence they are being
charged with, along with the details of the allegations against them. This ensures that the
accused is aware of the nature of the accusation.

• Establishing Legal Foundation: It establishes the legal foundation for the trial to
proceed. Once charges are framed, the trial can move forward and the accused can
prepare their defence.

• Transparency: It promotes transparency in the legal process by clearly defining the

scope of the case and the charges brought against the accused.

• Protection of Rights: It safeguards the rights of the accused by ensuring that they are
aware of the charges and can exercise their right to defend themselves in court.

• Setting the Stage for Trial: It marks the beginning of the trial phase, where evidence is
presented, witnesses are called and legal arguments are made.

Contents of Charge

Purpose of a Fair Trial: The primary requirement under the CrPC for a fair and just trial is to
ensure that the accused is precisely and accurately informed of the offence with which they are
charged. This notification is crucial as it provides the accused with a fair opportunity to prepare
their defence.

Sections 211 and 212 of the CrPC: These sections prescribe the forms and contents of the
charge in criminal cases. They establish the framework for drafting charges in a manner that
clearly describes the offence to the accused.

When Additional Particulars Are Required: In cases where the nature of the offence is such
that it cannot be adequately described by the particulars specified in Sections 211 and 212,
additional information about the manner in which the offence was committed by the accused
must be included in the charge. This ensures that the accused receives sufficient notice of the
offence with which they are charged.

Key Elements in Section 211 of the CrPC: This section specifies that every charge should
include:

• The offence the accused is charged with.

• If the offence has a specific name under the law, it should be described by that name.

• The definition of the offence under the relevant law if it doesn’t have a specific name.

• The law and the section of the law under which the offence is alleged to have been
committed.

Illustration of Section 211: An illustration is provided to clarify how Section 211 works. For
example, if an individual, A, is charged with the murder of B, it signifies that the act of A falls
within the definition of murder as mentioned in Sections 299 and 300 of the Indian Penal Code.
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It also means that the act of A doesn’t fall within any of the General Exceptions outlined in the
Indian Penal Code. Additionally, it specifies that A’s act doesn’t fall into any of the five exceptions
to Section 300, or if it does, it identifies which specific exception(s) apply.

Equivalent Statement: When a charge is framed against an accused, it is considered

equivalent to stating that the accused, while committing the offence, has fulfilled all the legal
conditions required to constitute that offence in the particular case. This means that all elements
of the offence must be satisfied for the charge to be valid.

Language of the Court: Charges must be written in the language of the court to ensure clarity
and understanding.

Framing of Charges

The process of framing charges involves the court’s determination that the accused individual is
likely to have committed a specific offence. This determination is made after a careful
examination of the police report, along with other pertinent documents and after hearing
arguments from both parties. Framing of charges serves as the initial step in commencing a trial
against the accused.

It is essential to note that although framing charges under CrPC is a vital step that informs the
accused of the allegations against them, it is not mandatory in all legal proceedings.

Framing of Charges under Section 228 of the CrPC

Section 228(1) in The Code Of Criminal Procedure, 1973

(1) If, after such consideration and hearing as aforesaid, the Judge is of the opinion that there is
ground for presuming that the accused has committed an offence which-

(a) is not exclusively triable by the Court of Session, he may, frame a charge against the
accused and, by order, transfer the case for trial to the Chief Judicial Magistrate and thereupon
the Chief Judicial Magistrate shall try the offence in accordance with the procedure for the trial of
warrant- cases instituted on a police report;

(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused.

Principles Related to Framing of Charge under CrPC

The framing of charges in criminal cases is guided by several fundamental principles to ensure a
fair and just legal process. Some key principles related to the framing of charges include:

• Presumption of Innocence: The accused is presumed innocent until proven guilty

beyond a reasonable doubt. Charges are framed based on a prima facie case but do not
imply guilt.

• Due Process: The accused has the right to be informed of the charges against them and
to have a fair opportunity to prepare their defence.

• Specificity: Charges must be clear, specific and accurately describe the alleged offence to
ensure the accused understands the nature of the accusation.

• Evidence-Based: Charges are framed based on evidence and allegations presented by

the prosecution. The court assesses whether there are reasonable grounds to proceed.
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 • Fair Notice: The accused must receive sufficient notice of the offence to prepare a
defence, preventing surprise or ambiguity in the trial.

• Legal Definitions: Charges should use legal definitions and terminology consistent with
the law under which the offence is punishable.

• Transparency: The framing of charges promotes transparency in legal proceedings,

defining the scope and nature of the case.

• Protection of Rights: It safeguards the rights of the accused, including the right to
remain silent and the right to legal representation.

• Speedy Trial: Delays in framing charges can affect the principle of a speedy trial, so
charges should be framed promptly.

• Legal Standards: Charges should meet the legal standards for each specific offence,
ensuring accuracy and fairness.

Types of Trials for Framing of Charges in CrPC

The Code of Criminal Procedure outlines different types of trials, including:

Summary Trial: Summary trials are conducted for offences that carry a maximum punishment
of up to two years of imprisonment or for offences related to theft, receiving stolen property, or
assisting in retaining stolen property when the value involved is less than Rs. 2,000. In summary
trials, there is no requirement for the formal framing of charges.

Summons Case: Summons cases involve offences for which the maximum imprisonment term
does not exceed two years. According to Section 251, when the accused person is brought
before the court or voluntarily appears, they are informed about the specific offence they are
alleged to have committed. In such cases, the court asks the accused whether they plead guilty
or need to present a defence. The formal framing of charges is not necessary in summons cases.

Warrant Case (Sections 238-250): In warrant cases, the formal framing of charges in writing
is required.

Trial before Sessions Court (Sections 225-227): Trials before the Sessions Court also
necessitate the formal framing of charges in writing.

Trial Before the Court of Session (Chapter XVIII)

The process of framing charges under CrPC in the context of trials before a Court of Session is
governed by Chapter XVIII of the CrPC. Section 228 of the CrPC outlines the specific procedures
for framing charges in cases exclusively triable by the Court of Sessions and listed in the First
Schedule of the CrPC.

Here’s an explanation of the key provisions related to the framing of charges in trials before a
Court of Session:

Exclusive Trial by Court of Sessions: Section 228(1) stipulates that when the Court of
Session considers the police report, examines other relevant documents and hears both parties
and it finds reasonable grounds to presume the accused’s involvement in the commission of the
offence, the following steps are taken:

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a. Non-Exclusive Cases: If the case is not exclusively triable by the Court of Session, the court
may frame a charge against the accused. Subsequently, it can transfer the case to the Chief
Judicial Magistrate or any other Judicial Magistrate of First Class. The accused is then directed to
appear before that court on a specified date. The Magistrate will then proceed to try the offence
based on the charge framed by the Court of Session, following the procedure for trial under
Warrant-Cases.

b. Exclusive Cases: If the case falls exclusively within the jurisdiction of the Court of Sessions,
the court shall frame a charge against the accused.

Explanation of Charges: In cases where charges are framed by the Court of Session, the
charges must be clearly explained to the accused and the accused is asked whether they plead
guilty to the offence.

Necessity of Formal Charges: It is imperative that formal charges are framed when there is a
presumption of the accused’s involvement in the offence, indicating a prima facie case. This is
particularly crucial when the offence is exclusively triable by the Court of Session. Failure to
adhere to this procedure may result in higher courts overturning the trial.

In essence, the process of framing of charges in trials before a Court of Session is a critical step
to ensure that the accused is informed of the allegations against them and to maintain a fair and
just legal process. The Court of Session must exercise its judgment to frame charges
appropriately, as per the established procedure, to avoid legal complications in subsequent
proceedings.

Trial of Warrant Cases By Magistrate (Chapter XIX)

In the context of trials of warrant cases by a Magistrate, which are covered under Chapter XIX of
the Code of Criminal Procedure, Section 240 of the CrPC outlines the procedure for framing
charges. Warrant cases typically involve offences that are punishable with imprisonment for a
term exceeding two years.

Here’s an explanation of the key provisions related to the framing of charges by a Magistrate in
warrant cases:

Magistrate’s Satisfaction: According to Section 240(1) of the CrPC, if the Magistrate is

satisfied that the matter before them is triable and there are reasonable grounds to presume
that the accused has committed the offence, the Magistrate shall proceed to frame charges in
writing.

Framing of Charges: The Magistrate formally frames charges in writing. This is a crucial step in
the legal process and involves specifying the allegations against the accused.

Explanation of Charges: Subsequently, the charges are explained to the accused in a clear and
understandable manner. The accused is then asked whether they plead guilty to the charges.
This process ensures that the accused fully understands the nature of the allegations against
them.

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