Define charge and its framing of charge and joinder of charges and its provision under Bnss? Introduction Charge in simple words means ‘accusation’. It is a formal recognition of a concrete accusation by the magistrate or court based upon a complaint or information against the accused. Section 2(1)(f) of BNSS defines ‘charge’ which states that, the charge includes any head of charge when the charge contains more than one head. In case the accused is not informed about the charge against him it will lead to injustice as the accused is not aware of the charge against him and th us, he would not be able to prepare his defence. One of the basic requirements of a fair trial in criminal cases is to give precise information to the accused as to the accusation against him and then the ‘charge’ is to be read and explained to the accused. Purpose of Framing Charge The Supreme Court in the case of V. C. Shukla v. State (1979) held that the purpose behind framing charge is to give clear, unambiguous, or precise notice of the nature of accusation that the accused is called upon to meet in the course of a trial. Contents of Charge: Section 234 of CrPC Section 211 constitutes essential elements of charge: It must state the offence with which the accused is charged. The charge framed shall specify the exact offence name for which the accused is charged. In case there is no specific name given under any law for the offence with which the accused is charged off, then the definition of the offence must be clearly stated so as to bring to the knowledge of the accused the exact matter with which he has been charged. The law and the section of the law against which the offence is said to be committed shall be mentioned in the charge. The mere fact that a charge has been filed equates to a declaration that every legal condition necessary by law to create the alleged offence has been met in this case. The charge must be written in the language of the court. If the accused has been previously convicted of any offence, then the fact, date and place of previous conviction should be stated in the charge for enhanced punishment which the court might pass if it finds the accused guilty of the offense charged. Particulars as to Time, Place and Person: Section 235 The charge framed shall contain the particulars as to the time and place of the alleged offence and the person against whom the offence is committed in order to give the accused precise information and clear notice of the matter for which he is charged. The exact time need not be mentioned in the charge form when the accused is charged with criminal breach of trust or dishonest misappropriation of money or any other movable property, the gross sum specified and the dates on which such alleged offence has been committed will be sufficient. For example, in case of murder the date and time of murder and the details of the accused and the deceased will be sufficient. When the Manner of Committing Offence Must be Stated: Section 236 When the nature of the case is such that the particulars indicated in Section 234 and Section 235 do not provide the accused with adequate notice of the allegation with which he is charged, the charge shall contain such particulars of how the alleged offence is committed as would provide for that purpose. For example- A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B. Alteration of Charge and the Procedure to be followed Power of the Court to Alter Charge: Section 239 This section explains that the court shall have the power to alter or add to a charge at any time before the pronouncement of judgement. After such alteration or any addition made to the charge, the charge shall be explained to the accused. If an alteration or addition to a charge is such that proceeding of the trial immediately would not prejudice the accused in his defence or the prosecutor in the conduct of the case, the court may, in its discretion, proceed with the trial as if the altered or added charge was the original charge after the alteration or addition has been added. If an addition or alteration to a charge is such that proceeding of the trial immediately would prejudice the accused in his defence or the prosecutor in the conduct of the case, the court may either order a new trial or adjourn it as it deems fit. If the offence stated in the altered or added charge is one for the prosecution, the case shall not move forward unless sanction has been obtained for prosecution in respect of facts constituting the offence on which the altered or added charge is founded. The principle that has to be kept in mind is that the charge so framed by the Magistrate is in accordance with the material produced before him or if subsequent evidence comes on record. Unless the evidence has been let in, charges already framed cannot be altered, as that is not the intent of Section 236 . It is obligatory on the part of the court to see that no prejudice is caused to the accused, and he is allowed to have a fair trial. The trial court or the appellate court may either alter or add to the charge provided the only condition is: The accused has not faced charges for a new offence. The accused must have been given the opportunity of defending the charge against him.