CHARGE UNDER CRIMINAL PROCEEDING

In simple terms, a charge is the formal accusation made against a person in a criminal case. It informs the accused of the exact allegations they are facing.According to Section 2(b) of the Criminal Procedure Code (CrPC), 1973, a charge includes all the offenses listed when there is more than one accusation. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces CrPC, has similar provisions but does not define a charge in detail.The purpose of framing a charge is to ensure that the accused clearly understands the allegations and can prepare their defense properly. The Supreme Court of India, in the case of V.C. Shukla v. State (1980), stated that a charge provides the accused with a clear and precise notice of the accusations they must answer in court.

Importance of a Charge in a Criminal Trial:

It ensures fairness by informing the accused of the case against them.

It helps the accused prepare their defense effectively.

It sets the scope of the trial, ensuring that the accused is only tried for the offenses mentioned in the charge.

Legal Provisions:

The rules about charges are detailed in Sections 211 to 224 and Section 464 of CrPC. In BNSS, these are covered under Sections 234 to 241 and Section 510.

In short, a charge is a crucial step in a criminal trial, ensuring that justice is served fairly by keeping the accused informed and prepared.