You will often see that an accused has not been informed of the charges he has been acquitted. In such a case, the accused cannot prepare well for her defense. Neither does he get the time to prepare. Therefore, justice on his part gets delayed. To inform the accused of the charges on which he is held, CrPC full form Code of Criminal Procedure should be followed. Therefore, one of the first and foremost works to give a fair judgment to the accused is to inform him about the charges he has been acquitted. This is said as per the rules of the CrPC full form in law.
In plain and simple English, the word charge means informing the accused about the grounds he has been charged. In section 2(b) of the Criminal Procedure Code of 1973, the word charge has been defined as including any head of the charge when and if the charge consists of more than one head. To understand the CrPC full form in Hindi better, let us take an example. If you take a look into the case of V.C. Shukla vs. State, the explanation of the charge is given as follows:
- To provide an intimation to the accused
- To provide a precise, clear, and unambiguous notice of the nature of the accusation
Provisions of the charge
Before you know what is the full form of CrPC, you need to know that in chapter 17 of the Criminal Procedure Code of 1973, you will find the following:
- Section 211 to 214 – contents of the charge
- Section 216 to 217 – powers of the court to alter the charge
- Section 218 – basic rule
- Section 219 to 221 and 223 – exceptions
- Section 224 – effects of withdrawal
- Section 215 and 464 – effects of errors
Basic rules of the charge
For conducting a fair trial in a criminal case, initially, a precise statement is required stating the accusation and its grounds in detail. However, there are certain exceptions in the CrPC ka full form. Let us take a look at them all.
1. Exception 1
An accused will be charged under one trial with an offense more than once but not thrice for an offense of the same kind. Also, the violation has to be committed within twelve months. The punishable crimes have to be of the same type and receive the same punishment as stated in Section 219 of the CrPC.
2. Exception 2
In Section 220 (1) of the CrPC, when an accused commits many crimes under one transaction, he may be tried jointly. However, this entirely depends on the court since it is considered immaterial sometimes whether the offense is of the same type or not or whether the number of times the crime is committed exceeds three or not, or whether the offense is committed within 12 months or not.
3. Exception 3
According to Section 220 (2), if an accused is charged with one or more offenses of criminal breach of trust or cases dealing with dishonest misappropriation of property, then the accused may be charged with and tried for one trial at a time.
4. Exception 4
As stated in Section 220 (3) of the CrPC, when the accused is charged with an offense that can be divided into two or more separate definitions of law, the accused may be charged with and tried at one trial for each of such offenses.
5. Exception 5
Further, in Section 220 (4), when an accused commits a string of offenses and one of which constitutes an offense and a combination of all them constitutes another offense, the accused may be held for trial twice separately. Thus, he will be born once for one act regarded separately as an offense and then again for a combination of acts.
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6. Exception 6
In Section 221 of the CrPC, there are some conditions laid down:
- If an accused is charged with one offense, and then evidence shows to produce a different offense altogether, the accused is charged with committing a crime even if he is not charged for it.
- When one act or a series of actions doubtful in nature has been charged against an accused, then the accused may be charged with having committed all or any of such offenses. Thus, the charges tried against him may also depend on the way he has been charged.
7. Exception 7
According to Section 223 of the CrPC, certain persons can be tried jointly provided they have committed the same offense or have committed different crimes but in the course of the same transaction.
Therefore, in a criminal case, the charges levied against an accused stand as the foundation of the case. Therefore, proper care needs to be taken to ensure if the accused is given a fair trial.
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