charge

After considering the police report or complaint and hearing both sides, the court either discharges the accused or frames a charge. The charge must state the offence, the law and section, and particulars of time, place and person enough to give the accused notice of what he must meet (ss.234 to 236 BNSS, old ss.211 to 213 CrPC). Every distinct offence needs a separate charge, subject to the joinder exceptions (s.241 BNSS, old s.218).

An error in the charge does not vitiate the trial unless it has caused a failure of justice. Do not confuse the charge, framed by the court, with the charge sheet, which is the police report. In summons cases no formal charge is framed; the particulars are simply stated to the accused.

Example

Since the Sessions Judge found a prima facie case of murder, he framed a charge under section 103 BNS and read it over to the accused, who pleaded not guilty.

In Indian law

• Sections 234 to 236, Bharatiya Nagarik Suraksha Sanhita, 2023 (old ss.211 to 213 CrPC) (contents of charge)
• Section 251, BNSS (old s.228 CrPC) (framing of charge in a sessions trial)

See also

charge sheet · trial · discharge · cognizance

Read more in the study notes

• Classification of administrative action (Administrative Law)
• Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)
• The rule against bias (Administrative Law)
• Audi alteram partem: the right to a fair hearing (Administrative Law)
• Conciliation under industrial, family and marriage laws (Alternative Dispute Resolution Systems)
• Stages of mediation, models of mediation and code of conduct for mediators (Alternative Dispute Resolution Systems)