LHAPTER XVII

THE CHARGE

A. Form of C h a r g e s
211. C o n t e n t s o f c h a r g e . ( 1 ) Every charge uricict. (his Code shall state the
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o f f e n c e with which the a c cu s e d i s ch a rg ed .

( 2) If th e law whi ch creat es t h e o f f e n c e g i v e s i t a n v s p e c i f i c na me, th e
offence may be described in t h e c h a r g e b y t h a t n a me o n l y .
( 3) If the law which creates the offence d o e s not give it any specific name,
so much of the definition of the o f f e n c e m u s t b e s t a t e d a s t o g i v e the accused
notice of the matter with which he is charged.
( 4) The law and section of the law against which the offence is said to have
been committed shall b e m e n t i o n e d i n t h e c h a r g e .
( 5) The fact that the charge is made is equivalent to a statement that every
legal condition required by law to constitute the o f f e n c e charged was fulfilled in
the particular case.
( 6) T h e c h a r g e s h a l l b e w r i t t e n i n t h e l a n g u a g e o f t h e C o u r t .
( 7) I f t h e a c c u s e d , h a v i n g b e e n p r e v i o u s l y c o n v i c t e d o f a n y o f f e n c e , i s
liable, by reason of such previous conviction, to enhanced punishment, or to
p u n i s h m en t o f a d i f f er en t ki n d , f o r a s u b s eq u en t o f f en c e , a n d i t i s i n t e n d ed t o
prove such previous conviction for the purpose of affecting the punishment
which the Court may think fit to a w a r d f o r t h e s u b s e q u e n t o f f e n c e , t h e f a c t , date
a n d p l a c e o f t h e p r ev i o u s co n v i ct i o n sh a l l b e s t a t ed i n t h e ch a rg e; a n d i f su ch
statement has been omitted, the Court ' n a y a d d i t a t a n y time before sentence is
passed.
Illustrations
(a) A is charged with the mu rd er o f S . This is equivalent, to a statement that
A's act fell within the definition of murder given in Secs. 29 9 and 300 of the Indian
Penal Code (45 of 1860), that it did not fall within any of the general exceptions of
the said Code and that it did not fall within any of the five exceptions to S e c . 300,
or that, if it did fall within Exception 1, o n e or other of the three provisos to that
exceptioil applied to it.
(b) A is charged u n d e r S e c . 3 2 6 o f t h e Indian Penal Code (45 of 1560) with
v o l u n t a r i l y ca u si n g g r i ev o u s h u rt t o B b y m ea n s o f a n in st ru m en t f o r sh o o t i n g .
T h i s i s e q u i v a l e n t to a statemei,, that the case was not provided for by Sec. 335 of
the said Code, and that the g e n e r a l e x c e p t i o n s d i d not apply to it.
(c) A i s accused of mtn . der, cheating, theft, extortion, adultery or criminal
intimidation or using a false property -mark. The charge may state that A
committed murder, or cheat ing or thef t, o r extortion, or adultery, or criminal
in t imid at ion, o r t h a t h e u s e d a f a l s e p ro p e r t y m a r k , w i t h o u t referen ce to th e
definition of those crimes contained in the Indian Penal C o d e ( 4 5 of 1860); but the
sections under which the offence is punishable must in each instance be referred
to in the charge.
(d) A is charged under Sec. 1S -1 of the Indian Penal Code (-45 of 1860), with
intentionally obstructing a sale O f property offered for sale by the lawful
authority of a public servant. The charge should be in those words.