FRAMING OF CHARGES AND CONTENT OF A CHARGE

Framing of charge means drawing up  in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime  for which he is charged .
It is fundamental principle of law that the accused should know the exact nature of allegation brought against him . It is, therefore, imperative that before a person is convicted of any offence he should be formally charged, i.e., informed with committed by him, and be given an opportunity to defend himself against such charge.
In other words, a charge is a written document containing the description of the offence which the court, in inquiry or trial, finds Prima facie proved by evidence before it to have been committed by the accused and requires him to defend it.
He is entitled to be informed with the greatest precision what acts he is said to have committed, and under what sections of the penal law these acts fall.
Sections 211 to 214 give clear and explicit directions as to how a charge should be drawn up to tell an accused person as precisely and concisely as possible of the matter with which he is charged.

1. FRAMING OF CHARGES AND CONTENT OF A CHARGE PRESENTED BY: Shreya Chaurasia

2. INTRODUCTION Framing of charge means drawing up  in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime  for which he is charged . It is fundamental principle of law that the accused should know the exact nature of allegation brought against him . It is, therefore, imperative that before a person is convicted of any offence he should be formally charged, i.e., informed with committed by him, and be given an opportunity to defend himself against such charge. In other words, a charge is a written document containing the description of the offence which the court, in inquiry or trial, finds Prima facie proved by evidence before it to have been committed by the accused and requires him to defend it. He is entitled to be informed with the greatest precision what acts he is said to have committed, and under what sections of the penal law these acts fall.

3. RELEVANT SECTIONS UNDER CrPC REGARDING CHARGE Sections 211 to 214 give clear and explicit directions as to how a charge should be drawn up to tell an accused person as precisely and concisely as possible of the matter with which he is charged.

4. REQUIREMENTS OF A CHARGE

5. SECTION 211 : Contents of a charge SECTION 212: – Particulars as to time, place and person SECTION 213 – When manner of committing offence must be stated SECTION 214  – Words in charge taken in sense of law under which offence is punishable RELEVANT SECTIONS

6. FRAMING OF A CHARGE(SECTION 228) The object of Section 228 is to ensure that the court is satisfied that the accusation made against the accused is not false and frivolous but there is some material for proceeding against him.  The framing of a charge is not mere formality but a judicial act it is required to be performed after application of mind. The conditions of framing a charge under Section 228(1) of the Code are: ( i ) Presumption of the commission of an offence on the material placed before the Court, i.e., the existence of a prima facie case; and (ii) The offence is triable exclusively by a Court of Session.      

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