Introduction:
One of the most important aspect of criminal proceedings is the formulation of charges, as detailed in Chapter XIX of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Charge framing can be said to be the first stage of trial.
This article will focus on the provisions of charges under the BNSS, examining their form, content, and the implications of errors or omissions.
Form of Charges:
According to Section 234 of the BNSS, every charge must state the offense with which the accused is charged. The formulation varies based on whether the offense has a specific name according to the law or not.
The charge should be written in the language of the court and must include details such as the law, section, time, and place of the alleged offense.
Particulars and Manner of the Offense:
Section 235 of BNSS emphasizes the inclusion of particulars about the time, place, and person involved in the alleged offense.
In cases of criminal breach of trust or dishonest misappropriation, specifying the gross sum or describing the movable property is deemed sufficient.
If these details are insufficient, Section 236 of BNSS requires the charge to include particulars about the manner in which the offense was committed.
Effect of Errors and Omissions:
Section 238 of BNSS says that errors or omissions in stating the offense or particulars will not be considered material unless they mislead the accused and lead to a failure of justice.
Alteration or Addition of Charges:
Section 239 of BNSS grants the court the authority to alter or add to any charge before judgment is pronounced. This alteration or addition must be communicated to the accused, and the court has the discretion to proceed with the trial or, if prejudice is likely, direct a new trial or adjourn the proceedings.
Separate Charges and Trials:
Section 241 of BNSS mandates a separate charge for each distinct offense, but the court may try multiple charges together if the accused agrees and it won't prejudice the defense.
Section 242 of BNSS allows the consolidation of charges for offenses of the same kind within a year.
Combining Offenses and Alternative Charges:
Sections 243 of BNSS and 244 of BNSS address situations where multiple offenses are committed in a connected series of acts.
Charges can be combined, and the accused may be convicted of an offense not specifically charged if evidence supports it. Section 245 of BNSS further allows conviction for a minor offense if the major offense is not fully proven.
FAQs on charge framing under Bharatiya Nagarik Suraksha Sanhita
Q1: What is the significance of charge framing in criminal proceedings under the BNSS?
A1: Charge framing is a crucial stage in criminal proceedings, marking the beginning of the trial process.
Q2: What are the key elements that must be included in a charge under Section 234 of BNSS?
A2: Every charge must state the offense with specifics such as the law, section, time, and place of the alleged offense. The formulation varies based on whether the offense has a specific name according to the law.
Q3: What role do particulars play in charge framing according to Section 235 of BNSS?
A3: Section 235 emphasizes including particulars about the time, place, and person involved in the alleged offense. In cases of certain offenses, specifying the gross sum or describing the movable property is deemed sufficient.
Q4: How does Section 238 of BNSS address errors or omissions in charges?
A4: Section 238 states that errors or omissions in charges are not considered material unless they mislead the accused and lead to a failure of justice. This highlights the importance of ensuring accuracy in charge framing.
Q5: Under what circumstances can the court alter or add charges according to Section 239 of BNSS?
A5: Section 239 grants the court the authority to alter or add charges before judgment is pronounced. The court may proceed with the trial or, if prejudice is likely, direct a new trial or adjourn the proceedings.
Q6: When can multiple charges be tried together, and what does Section 241 of BNSS mandate?
A6: Section 241 mandates a separate charge for each distinct offense. However, the court may try multiple charges together if the accused agrees and it won't prejudice the defense.
Q7: How does BNSS address combining offenses in a connected series of acts?
A7: Sections 243 and 244 address combining offenses when multiple crimes are committed in a connected series of acts. Charges can be combined, and the accused may be convicted of an offense not specifically charged if evidence supports it.
Q8: When can a person be convicted for a minor offense under BNSS?
A8: Section 245 of BNSS allows the conviction of a minor offense if the major offense is not fully proven. This provision ensures flexibility in addressing cases where the evidence may support a lesser offense.
Notes on charge framing under BNSS (Bharatiya Nagarik Suraksha Sanhita)
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