BNSS 2023 Charge Meaning Contents Alteration Joinder of Charges Joint Trial
Charge under BNSS 2023 Meaning Contents Alteration Joinder of Charges and Joint Trial
A charge is the formal written accusation framed by a criminal court, specifying the offence for which the accused is to be tried.
Its primary object is to:
- inform the accused clearly and precisely of the allegation,
- enable him to prepare an effective defence, and
- ensure a fair trial in accordance with principles of natural justice.
A valid charge must therefore be clear, unambiguous, and complete.
Definition of Charge - Section 2(1)(f)
"charge" includes any head of charge when the charge contains more heads than one.
Essential Contents of a Charge
1. Charge must state the offence
Every charge must state the offence with which the accused is charged. The accused should immediately understand what crime he is alleged to have committed.
- Offence Described by Name
If the law gives the offence a specific name, it is sufficient to describe the offence by that name alone (e.g., theft, cheating, criminal breach of trust). This avoids unnecessary elaboration when the offence is well-defined. - Offence Without Specific Name
If the offence has no specific name, the charge must state so much of the legal definition as is necessary to inform the accused of the exact nature of the accusation.
2. Clear Mention of Law and Section
The law and section under which the offence is alleged must be clearly mentioned.
3. Language of the Charge
The charge must be written in the language of the Court.
4. Particulars of Time, Place & Person
The charge must contain particulars of:
- time and place of offence,
- person against whom it was committed (if any), or
- thing/property involved (if any),
Additional Particulars of Manner of Commission
If particulars are insufficient to give proper notice, then the charge must also include particulars of the manner in which the offence was committed.
Special Rules of Framing Charge for Specific Circumstances :
- Previous Conviction for Enhanced Punishment
If enhanced or different punishment is sought due to previous conviction, the charge must state the fact, date, and place of previous conviction. - Criminal Breach of Trust & Misappropriation
In cases of criminal breach of trust, or dishonest misappropriation, it is sufficient to mention the gross sum or describe the property, and specify the period between two dates during which the offence occurred.
Such a charge is treated as one offence, provided that the total period does not exceed one year.
Effect of Errors in Framing the Charge (Section 238)
Section 238 embodies the principle that criminal justice should not fail on technicalities.
It ensures that minor errors or omissions in framing a charge do not vitiate the trial unless the accused was misled which led to failure of justice.
Can a Magistrate dismiss a complaint without inquiry?
Under Section 226 of BNSS, dismissal is possible only after examining the complainant and considering available material.
ALTERATION OF CHARGE (Section 239)
Alteration of charge means modification, substitution, or addition to an existing charge framed by the Court.
This power enables the Court to correct, clarify, or update the charge in light of evidence that emerges during trial, ensuring that the accused is tried for the real offence disclosed.
When the Court may alter the charge - At any time before judgment is pronounced.
Mandatory Communication to Accused - Every alteration or addition must be read out, and explained to the accused.
Effect of Alteration on Continuation of Trial
A. When No Prejudice Is Likely
If the Court is of the opinion that proceeding immediately with the trial will not prejudice the accused in his defence, or the prosecutor in conducting the case, the Court may continue the trial as if the altered or added charge was the original charge.
B. When Prejudice Is Likely
If the Court finds that immediate continuation is likely to prejudice either side, it may direct a new trial, or adjourn the trial for such a period as may be necessary.
Rights of Accused and Prosecutor After Alteration
When a charge is altered or added after commencement of trial, both sides are granted certain procedural rights:
- Recall and Re-Examination of Witnesses
- Call Additional Witnesses
JOINDER OF CHARGES
Joinder of charges means trying more than one charge against the same accused in a single trial.
The general rule of criminal law is “one offence, one charge, one trial”, but Sections 241 to 244 create statutory exceptions where multiple charges may be joined to avoid multiplicity of trials and ensure judicial efficiency - without causing prejudice to the accused.
Circumstances when Joinder of Charges is permitted
1. At Request of Accused (proviso to Section 241 (1))
Joinder of charges is permitted when the accused applies in writing, and the Magistrate is satisfied that no prejudice will be caused.
Joinder here is accused-centric and based on voluntary consent.
2. Offences of the Same Kind (Section 242)
Joinder may be done when the accused commits more than one offence of the same kind, within 12 months from first to last offence, and the number of offences does not exceed five.
“Same Kind” - Offences are of the same kind when they are punishable under the same section, and carry the same punishment.
3. Where Offences Form the Same Transaction (Section 243(1))
When several acts are so connected as to form one transaction, and more than one offence arises from those acts, all such offences may be charged and tried together.
The same transaction is determined by proximity of time, unity of purpose, continuity of action, common design.
4. Breach of Trust + Falsification of Accounts (Section 243(2))
Joinder is allowed when the accused is charged with:
- criminal breach of trust or misappropriation, and
- falsification of accounts was committed to facilitate, or to conceal that offence.
5. One Act Falling Under Multiple Offences (Section 243(3))
If the same act constitutes offences under two or more legal definitions, the accused may be charged with all such offences, and tried in one trial.
6. Combination of Acts Constituting a Different Offence (Section 243(4))
When several acts individually constitute offences, and collectively constitute a different offence, the accused may be tried for the combined offence, and for individual offences arising from those acts.
7. Joinder in Case of Doubtful Offence (Section 244)
When facts are such that it is uncertain which offence the evidence will establish, the accused may be charged with all possible offences, or charged in the alternative, and all may be tried in one trial.
When Persons May Be Tried Jointly (Section 246, BNSS)
Joint trial means the trial of two or more accused persons together in the same proceeding.
Section 246 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down specific circumstances where such joint trial is legally permissible, with the objective of avoiding multiplicity of trials, saving judicial time, and ensuring effective adjudication.
Circumstances Permitting Joint Trial
A joint trial may be conducted in the following situations:
1. Same Offence – Same Transaction
When two or more persons are accused of committing the same offence and the offence is committed in the course of the same transaction.
Example - Several persons jointly committing robbery.
2. Principal Offence with Abetment or Attempt
When one person is accused of committing an offence and others are accused of abetment of, or attempt to commit, that offence.
3. Same Kind of Offences Committed Jointly
Persons accused of more than one offence of the same kind committed jointly within twelve months.
Example: Repeated acts of cheating by the same group within one year.
4. Different Offences in the Same Transaction
Persons accused of different offences but all offences arise out of one single transaction.
Example: One commits assault, another commits criminal intimidation during the same incident.
5. Property Offences and person accused of receiving or concealing it
When persons are accused of offences like theft, extortion, cheating, criminal misappropriation and others are accused of receiving, retaining, assisting in disposal or concealment of such property.
Discretionary Joint Trial (proviso to Section 246)
Even if accused persons do not fall under the above categories, a joint trial may still be conducted if all accused apply in writing for joint trial, and the Court is satisfied that no prejudice will be caused, and it is expedient in the interest of justice.
