What is Charge and Omission under CrPC?
What is Charge and Omission under CrPC?
Charge
A charge under the Code of Criminal Procedure (CrPC) is a formal statement of the offence(s) for which an accused person is being tried. It must be framed by the magistrate or judge before the commencement of the trial, and must be read out and explained to the accused in a language that they understand.
The charge must be specific and clear enough to enable the accused to understand the nature of the offence(s) with which they are charged, and to prepare their defence. It must also be consistent with the evidence that has been presented to the court.
Omission
An omission to frame a charge under the CrPC occurs when the magistrate or judge fails to frame a charge against the accused person, even though the evidence presented to the court discloses that the accused has committed an offence.
Illustration
An accused person is arrested for the offence of murder. The magistrate examines the witnesses and evidence, and finds that there is a prima facie case against the accused. However, the magistrate fails to frame a charge of murder against the accused, and instead frames a charge of manslaughter.
This is an example of an omission to frame a charge. The magistrate should have framed a charge of murder against the accused, as the evidence disclosed that the accused had committed that offence.
Example
In the case of Bhagabat Das v. The State of Orissa (1989), the Supreme Court of India held that an omission to frame a charge would not be fatal to the trial, unless it results in a failure of justice.
In that case, the accused was charged with the offence of theft under Section 379 of the Indian Penal Code. However, the magistrate failed to frame a charge under Section 411 of the Indian Penal Code, which deals with the offence of dishonest receipt of stolen property.
The accused was convicted of the offence of theft under Section 379 of the Indian Penal Code. However, the Supreme Court held that the omission to frame a charge under Section 411 of the Indian Penal Code was not fatal to the trial, as the accused had not been prejudiced in any way.
Consequences of omission to frame a charge
If the court finds that there has been an omission to frame a charge, it may order a charge to be framed and the trial to be recommenced from the point immediately after the framing of the charge. Alternatively, the court may direct a new trial to be held upon the new charge framed.
In some cases, the court may even quash the conviction of the accused, if it is of the opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved.
It is important to note that the omission to frame a charge is a serious irregularity, and the court will only overlook it if it is satisfied that the accused has not been prejudiced in any way.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
