CHARGES

A Rough Draft submitted in partial fulfilment of the course CRIMINAL

LAW-II, 4th SEMESTER during the Academic Year 2017-2018

SUBMITTED BY:
Abhishek Singh
Roll No. - 1606
B.B.A LL.B

SUBMITTED TO:
Dr. PETER F. LADIS
FACULTY OF CRIMINAL LAW-II

MARCH, 2018
CHANAKYA NATIONAL LAW UNIVERSITY, NAYAYA NAGAR,
MEETHAPUR, PATNA-800001
 INTRODUCTION

One basic requirement of a fair trial in criminal cases is to give precise information to the
accused as to the accusation against him. This is vitally important to the accused in the
preparation of his defence. In all trials under the Code the accused is informed of the
accusation in the beginning itself. In case of serious offences the Code requires that the
accusations are to be formulated and reduced to writing with great precision and clarity. This
“charge” is then to be read and explained to the accused person.

Provisions relating to charge are aimed at giving full notice to the accused about the offence
of which he is charged. It gives the accused accurate and precise information about the
accusations made against him. Every charge under this Code shall state the offence with
which the accused is charged.

In the State v. Ajit Kumar Saha the material on record did not show a prima facie case but the
charges were framed by the Magistrate. Since there was no application of mind by the
Magistrate the order framing charges was set aside by the High Court. It is a basic principle
of law that before summoning a person to face a charge and more particularly when a charge
sheet is actually framed, the court concerned must be equipped with at least prima facie
material to show that the person who is sought to be charged is guilty of an offence alleged
against him.

In State of Karnataka v. Eshwaraiah two accused were separately charged for committing
murder in furtherance of common intention. In the charge framed against one accused the
name of the other was not mentioned but charges were read over to each of the accused in
presence of the other accused and the plea has been recorded in the presence of each of the
accused and their advocates. It was held that there was no scope for misunderstanding part
played by each accused and therefore the defect in framing of the charge was a mere
irregularity.

AIMS AND OBJECTIVES

The Aims and Objectives of this project are:

1. To study the various charges in the Criminal Law of India.
 2. To study the meaning of charges.
3. To study the procedure of withdrawal of charges.

TENTATIVE CHAPTERIZATION

1. Introduction
2. Meaning of Charge
3. What Charge contains and Alteration of Charge
4. Joinder of Charge
5. Framing of Charge
6. Withdrawal of Charge
7. Conclusion

RESEARCH METHODOLOGY

For this study, primary research method was utilised. Various articles, e-articles, reports and
books from library were used extensively in framing all the data and figures in appropriate
form, essential for this study.
The method used in writing this research is primarily analytical.