FRAMING OF CHARGES FOR DISTINCT OFFENCES: AN OVERVIEW

INTRODUCTION

The Criminal Procedure Code(CrPC) governs the framework for criminal justice administration throughout the country. As a procedural statute, it provides and outlines the procedures and framework for administering and delivering criminal justice. Following the commission of a crime and its investigation, the charges are properly articulated and specified by the court. This is called framing of charges. It is a crucial stage that takes place after the investigation but prior to the trial, thereby setting the stage for the judicial proceedings to follow. However, there might arise instances where a person is charged for distinct offences, in such a scenario will they be charged for all the offences together or separately? This article will delve and explore the intricacies of framing charges for distinct offences under the CrPC.

WHAT IS FRAMING OF CHARGES?

A charge represents an accusation or allegation of an offence committed by a , it has been defined in the CrPC under Section 2(b). The formal information or announcement of the precise charges and accusations made against the accused is known as framing of charges, this step occurs prior to the accused being put to trial. When the police presents the report after investigation to the court, the court evaluates and assesses the evidence and investigation findings, If the court agrees with the accusations and allegations, it frames or files the charges against the accused. Framing charges is a vital step in the legal process as it informs the accused of the specific offenses they are facing, allowing them to prepare an adequate defense. This step also lays the foundation for the subsequent legal proceedings. The CrPC’s Chapter XVII addresses “Charges”. The framing of charges is covered in Section 228 of the CrPC.

ESSENTIALS OF A CHARGE :

1. A charge must state the name of the offence the accused has committed along with the specific act and section. In case the offence or crime has no name as per the relevant law, then it shall be properly defined and described.

2. A charge shall include the essentials of the offence such as the place and time of occurrence of crime, the victim, the amount or description of property in case of theft or similar offences.

3. In cases, where a previous conviction could lead to a harsher sentence, the charge must specify the details of that conviction. If previous convictions are disputed, the prosecution must prove their existence and that the accused was the person convicted.

4. If the offence falls under an exception, then the same shall be stated.

5. A charge if required may state the way in which the crime was committed.

6. A charge may be altered by the Court at any stage before the judgement is passed. 

MEANING OF DISTINCT OFFENCES

There might be situations when an individual is accused of more than one offence. In such situations the person is charged for the distinct offences separately, subject to certain exceptions. 

FRAMING CHARGES FOR DISTINCT OFFENCES 

The Criminal Procedure Code deals with framing of charges, it also separately deals with charges in situations wherein the accused has committed distinct offences under section 218 of the code. Under this section, an individual who has committed distinct offences shall be charged for the offences separately, that is, the court shall frame separate charges for such offences.  For example, if a person is caught stealing from a store and while evading assaults a person, then in such a instance the person shall be charged for theft and assault separately  

In such instances when a person is charged separately for the different and distinct offences, each offence for which such person is charged are to be tried examined separately and completely independent of the other charges.

The reason behind is to prevent the accused from being affected in their defense when multiple unrelated charges are combined in a single trial, it also prevents the court from being biased against the accused due to the multiple charges filed. While dealing with multiple charges the judge might get biased in respect of the unrelated offences too and give a judgement prejudicial to the accused. Therefore, this provision benefits the accused itself.

 As stated above, the main principle in cases of separate offences committed is that such a person shall be charged separately for every such distinct offence committed. However, this is not applicable in all cases. The Criminal Procedure Code provides for exceptions to the rule as well. 

Section 218(2) provides an exception to the rule of separate charges. The sub clause states that if the accused who has been charged for the offences separately, requests in writing to have the distinct charges tried together and not separately, and if Magistrate is satisfied that trying the separate charges together will not prejudice the accused, then he might consolidate all or some of the charges. 

Further, Section 218 also states that the sections 219, 220, 221 and 223 will not be affected by section 218. Section 219, 220, 221 and 223 deals with JOINDER OF CHARGES, which are exceptions to the rule of charging distinct offences separately. 

WHAT IS JOINDER OF CHARGES?

In exceptional circumstances, distinct offences are not tried charged separately rather the charges are joined. The CrPC provides for several exceptions wherein the joinder of charges is allowed. The exceptions are discussed below :

EXCEPTION 1 : Section 219(1)

In circumstances when a person is accused of committing three offences of the same type, then the separate offences can be tried in a single trial together. However in such circumstances, all the three offences must have taken place in a span of one year that is twelve months from the date of the first offence.

Section 219(2) further provides that such offences which are punishable under the same quantum or category of punishment can also be joined together.

EXCEPTION 2 : Section 220

When an individual commits a series of offences which are so closely related that they form a part of a single and continuous transaction. In such instances, these separate offences which constitute a single event or sequence of events, shall be tried collectively. In such situations the offences are of such nature, that they form a part of a single event or transaction, then the charges for such offences are joined. Thus, when a person is accused for criminal breach of trust, misappropriating property or falsifying accounts, the person shall be charged for all such offences together. 

Further Section 220(3) states that if one offence is of such nature that it falls under the ambit of separate offences. Even in such instances, the separate offences are brought together to be tried together.

If a single set of offence results in multiple separate offences, then such offences shall also be tried together, so that all the acts which constituted the entire crime are dealt together in a comprehensive manner.

EXCEPTION 3 : Section 221

In situations when there are doubts regarding the actual incidents which took place in the offence and there is no clarity on the offences and facts of the case, then the accused can be charged for either all or any of the offences. In such a circumstance, if later it is found that the accused has committed a separate offence, then even though not charged for the same he shall still be convicted. 

EXCEPTION 4: Section 222

If an individual is charged with a crime which several elements or details. If only some of the details are proved to be true instead of all, then if the proven details fit the smaller crime as well. Then such person shall be guilty of that crime as well irrespective of whether charged earlier or not. 

EXCEPTION 5: Section 223

There are certain groups of people who can be tried together in certain situations, these situations are mentioned here below:

• In situations when individuals have committed the same offence during the course of the same transaction then the individuals shall be tried together.

• Individuals who have committed and abetted the particular crime are to be charged together.

• The individuals who fall within the ambit of section 219 of the Code shall be charged together

• Individuals who have committed separate offences but as a part of the same transaction shall be charged together.

• Individuals involved in offences of cheating, theft, extortion, misappropriation of property shall be charged together with those who have received, concealed or has helped in disposing or concealing property.

• Individuals who are charged for offences under section 411 and 414 of the Indian Penal Code or those sections concerning stolen property whose possession has already been passed by another offence shall be charged together.

• Individuals who have been charged for an offence under Indian Penal Code’s Chapter XII which relates to counterfeit coins are to be charged together.  

Thus from the above we can infer that apart from the exceptions provided under section 218 to section 223, separate offences shall be charged separately too. They cannot be treated together until and unless they fall within the exceptions as discussed above. 

The exceptions as discussed above provide for joining the charges in special circumstances, the general rule shall not apply in these cases and the exceptions shall override the provision of separate charges for separate offences that is in cases where exceptions apply on separate offences then the charges shall be joined and should not be dealt with separately.  However if the exceptions don’t apply then separate charges are required for the offences and they are not to be tried together, contravention of this provision is not allowed.

CASE LAWS :

In the case of State versus Khimji Bhai Jadeja, the Delhi High Court held that the section 218 provides for an exception which allows the accused to request vide an application to have all charges tried together. If the magistrate is convinced that such joining of charges wont be disadvantageous to the accused then he shall allow for the same. 

In the Jai Singh vs State of Haryana, the High Court held that it is the main goal of every criminal trial to ensure a fair trial. Section 218 provides for separate charges for separate offences and allows for a fair trial by preventing unnecessary combination of separate charges. 

In State vs. Manish Chawla & Ors, the Court stated that the word “shall” is used for section 218 and “may” for section 220 of the Code. Any court can conduct trial of separate offences jointly however it should be remembered that the having separate trial is the rule whereas joining of charges is an exception.

CONCLUSION :

Framing of charges is an important step in every criminal trial as it provides the accused information on the offences he was been charged with. In instances where a person is involved in multiple offences then such person as discussed above is charged separately. This is a very important rule in the criminal justice system and must be adhered to properly, however like other rules this rule also has its exceptions which provide for situations when charges are joined. The step of framing charges is a vital step essential for safeguarding the accused’s rights while also promoting justice. However it should be kept in mind that it does not conclude the charges, the framing of charges is followed by the trial which shall determine whether the accused is guilty or not.

REFERENCES 

• Aishwarya Agarwal, Framing of charges under CrPC, Law bhoomi,   https://lawbhoomi.com/framing-of-charges-under-crpc/#:~:text=The%20process%20of%20framing%20charges%20under%20CrPC%20in%20the%20context,First%20Schedule%20of%20the%20CrPC.

• Aparajita Balaji, Joinder of Charges under CrPC, IPleaders , https://blog.ipleaders.in/joinder-charges-crpc/

• Sugandha Nayak, Framing of charges : an overview, mondaq , https://www.mondaq.com/india/crime/257582/framing-of-charges-an-overview