BNSS – The Charge
Meaning
Section 2(1)(f) of BNSS defines charge as it includes any head of charge when the charge contains more heads than one. It is the formal expression of Court, allegation against the accused. It is a formal recognition of a court accusation by the magistrate or a court based upon a complaint or information against the accused person.
Chapter XVIII of BNSS deals with “THE CHARGE”, which contains Section 234 to 247 of BNSS.
Purpose
The main purpose for framing a charge is:
- To inform the accused and victim.
- To inform the accused so that he/she can prepare his/her defense.
- To ensure a fair trial.
- To govern laws.
In the case of V.C. Shukla v. State, the Supreme Court held that the purpose behind framing a charge is to be clear and unambiguous.
Content of Charge (Sections 234 to 237)
Section 234 – Content of Charge
- The charge shall state the offence in which the accused is charged.
- If the specific name of the offence is given, it may be described in the charge by name only.
- If no specific name is given, all essentials or the definition of such offence should be mentioned.
- Laws or sections related to the offence shall be mentioned in the charge.
- The facts of the charge equal the statement of every legal condition.
- The charge must be written in the language of the court.
- If the accused has been convicted previously, such fact, date, and place of the previous offence shall be stated in the charge.
Section 235 – Particulars as to Time, Place, and Person
- The charge shall include:
- Time
- Place
- Person against whom it was constituted
- If accused of criminal breach of trust or dishonest misappropriation of money or movable property, the gross sum may be mentioned without specifying particular items or exact dates.
Provided that the date should be mentioned as between first and last dates, not exceeding one year.
Example: In A’s warehouse, B was a servant transporting rice. For five months, he frequently kept half of it. The charge mentioned that B cheated for the last five months.
Section 236 – Manner of Committing Offence
All the essentials of such offence must be mentioned.
Section 237 – Words in Charge
Interpretation of charge words is based on the law under which the offence is punishable.
Joinder of Charge (Sections 241 to 244 & 246)
In the case of K. Satwant Singh v. State of Punjab, the Court held that joinder of charges is not compulsory; it only permits the joint trial of charges under certain circumstances in the interest of justice.
Section 241 – Separate Charge for Different Offences
- Every different offence shall have a separate charge and trial separately, unless the Magistrate permits joint trial upon application by the accused.
- This section is subject to Sections 242 to 244 & 246 of BNSS.
Section 242 – Same Kind of Offence within One Year
- When an accused person is charged with:
- More than one offence of the same kind,
- Committed within one year,
- Not exceeding five in number,
they may be tried jointly.
- Same kind offences are those punishable with the same punishment under BNSS, 2023 or any special/local law.
Section 243 – Trial for More than One Offence
- If several offences are committed in the same transaction, they may be tried jointly.
- Includes offences of criminal breach of trust or misappropriation of property.
- When an offence falls under two or more separate definitions of law.
- If several acts together constitute a different offence, they may be tried jointly.
- Subject to Section 9 of BNSS.
Example: A kidnaps B, then commits rape and murder. Distinct offences, but part of the same transaction, hence tried jointly.
Section 244 – Doubtful Offence
- If a single act or series of acts makes it doubtful what offence is constituted, they may be charged and tried jointly.
- If evidence shows a different offence, it may also be tried jointly.
Section 246 – Persons Charged Jointly
- Persons committing the same offence in the same transaction.
- Abetment or attempt to commit such offence.
- More than one offence of the same kind committed jointly within one year.
- Distinct offences but committed in the same transaction.
- Offences like theft, extortion, cheating, misappropriation, concealment of property.
- Offences under Section 317(2) & (5) of BNSS relating to stolen property.
- Offences under Chapter X of BNSS relating to counterfeit coin.
Provided that – on application by the accused, the magistrate may direct a joint trial.
Major or Minor Charges (Section 245)
If a person is charged with an offence comprising several particulars, but only some particulars prove a minor offence, then conviction may be for the minor offence.
Example: If charged with a grievous offence but proven to be a minor offence, conviction is for the minor one.
Alteration in Charges (Sections 239 & 240)
Section 239 – Alteration of Charges
The court may alter or add any charge before judgment. Every alteration must be explained to the accused so that defense can be prepared.
Section 240 – Recall of Witness
Upon alteration, the court may recall or summon witnesses if necessary to prevent vexation, delay, or injustice. The court may also call new witnesses.
Effect of Error (Section 238)
Any error in stating the offence or particulars in the charge will not be material unless it misleads the accused and causes failure of justice.
Withdrawal of Charge (Section 247)
Either the complainant or the prosecution officer, with the consent of the court, may withdraw charges when the accused faces more than one charge.
