Section 211 CrPC: Contents of charge

What Section 211 CrPC Says

211. Contents of charge

(1) Every charge under this Code shall state the offence with which the accused is charged.

(2) If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.

(3) If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.

(4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.

(6) The charge shall be written in the language of the Court.

(7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.

Illustrations

(a) A is charged with the murder of B. This is equivalent to a statement that A's act fell within the definition of murder given in sections 299 and 300 of the Indian Penal Code (45 of 1860); that it did not fall within any of the general exceptions of the said Code; and that it did not fall within any of the five exceptions to section 300, or that, if it did fall within Exception 1, one or other of the three provisos to that exception applied to it.

(b) A is charged under section 326 of the Indian Penal Code (45 of 1860), with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by section 335 of the said Code, and that the general exceptions did not apply to it.

(c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property-mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false property-mark, without reference to the definitions, of those crimes contained in the Indian Penal Code (45 of 1860); but the sections under which the offence is punishable must, in each instance be referred to in the charge.

(d) A is charged under section 184 of the Indian Penal Code (45 of 1860) with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.

Source: Section 211, Code of Criminal Procedure, 1973

Section 211 CrPC in Simple Words

When Section 211 CrPC Applies

• Every charge framed against an accused under Section 211 of the Code of Criminal Procedure, 1973 shall state the offence, mention the law and section under which it was allegedly committed, and be written in the language of the Court.
• Where the statute creating an offence gives it a specific name, the charge may identify the offence using that name alone without setting out its statutory definition, as provided in Section 211(2) CrPC.
• When the law creating an offence does not assign it a specific name, Section 211(3) CrPC requires that enough of the offence definition must be stated in the charge to give the accused notice of the accusation.
• Making a charge against an accused operates under Section 211(5) CrPC as an implied statement that every legal condition required by law to constitute that offence was satisfied in the case, including the absence of applicable exceptions.
• Where a previously convicted accused is liable to enhanced punishment or punishment of a different kind for a subsequent offence and that conviction is intended to be proved to affect the punishment the Court may think fit to award, the fact, date, and place of the previous conviction shall be stated in the charge under Section 211(7) CrPC.

Time Limits Under Section 211 CrPC

• If the required statement of the fact, date, and place of a previous conviction has been omitted from the charge, the Court may add it under Section 211(7) of the Code of Criminal Procedure, 1973 at any time before sentence is passed.Act text: “the Court may add it at any time before sentence is passed”

Example of Section 211 CrPC

When Section 211 CrPC Does Not Apply

• The permission in Section 211(2) of the Code of Criminal Procedure, 1973 to describe an offence in the charge by its specific name alone does not apply when the law creating the offence does not give it any specific name.
• The requirement in Section 211(3) CrPC to state part of the definition of the offence in the charge does not apply when the law creating the offence gives it a specific name.
• The duty under Section 211(7) CrPC to state the fact, date, and place of a previous conviction in the charge does not apply if the accused is not liable, by reason of such previous conviction, to enhanced punishment or punishment of a different kind for the subsequent offence.
• Even where an accused has a previous conviction, the requirement under Section 211(7) CrPC to state that conviction in the charge does not apply if it is not intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award.

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