Concept of Charges in the Bharatiya Nagarik Suraksha Sanhita, 2023

]Concept of Charges in the Bharatiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023, effective from 1st July 2024, has substituted the Criminal Procedure Code (CrPC) and made various amendments to the current legal system. Chapter XVIII is one of the most important chapters of this Sanhita that addresses the process and form of charges to be presented before a court of law. The concept of a charge is central to criminal procedure, as it defines the accusations against an accused person and outlines the offences they are alleged to have committed.

This article will clarify the provisions of Section 234 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in terms of the mode of charges. We will also elaborate on the overall pattern of how charges are required to be drawn up, the requirements under law, and the effects of such charges on the accused.

What is a Charge?

A charge is simply a formal allegation made against an individual, claiming that he has done a particular offence against the law. It is used to inform the accused person of the particulars of the offence for which he is being prosecuted so that he knows exactly what the charges are and can make a defence in response. In criminal law, the charge serves as the basis on which the trial is conducted, thus it is a very important part of the judicial process.

Structure of a Charge under Section 234(1)

Section 234(1) of the Bharatiya Nagarik Suraksha Sanhita provides that each charge must identify the offence with which the accused is charged. This section emphasizes the necessity of specificity and clarity. The charge cannot be vague or unclear; it should clearly state the precise offence the accused is on trial for.

The concept in this provision is to prevent ambiguity and to guarantee that the accused clearly understands what they are accused of. In clearly indicating the offence, the charge gives the accused and the court a precise course of action to pursue towards a fair and equitable trial.

Naming the Offence under Section 234(2)

If the offence charged has a special name conferred by the law that enacts it, Section 234(2) states that such an offence can be named in the charge by that name alone. For instance, offences like murder, theft, or cheating have special names under the Bharatiya Nyaya Sanhita, 2023 (the new criminal code of law). In such cases, the charge can simply state the name of the offence, and it will be understood what that entails under the law.

This makes it easier to write a charge, since the offence’s precise legal name may have an accepted meaning in law. But where the offence has no specific name assigned to it by the law, the charge has to include more information so that the offence can be sufficiently described, as discussed in the following subsection.

Describing the Offence When No Specific Name Exists: Section 234(3)

Where the offence has no special name in law, Section 234(3) requires that the charge must contain enough detail to apprise the accused of the nature of the accusation. What this implies is that some part of the legal definition of the offence must form part of the charge so that the accused knows clearly what is alleged against him.

The aim of this requirement is to prevent the accused from being in any doubt as to the specifics of the charge. In such situations, the charge must give the accused sufficient information to alert the accused to the offence in question, although an actual legal term need not be employed.

Mention of Law and Section: Section 234(4)

Section 234(4) also mandates that the charge should also state the particular law and section of the law under which the offence is charged. This implies that, besides naming the offence or defining it, the charge should state the exact provision of the Bharatiya Nyaya Sanhita or any other pertinent law that the accused is being charged with breaching.

For instance, if one is charged with theft, the accusation has to clearly state that the offence is punishable under Section 320 of the Bharatiya Nyaya Sanhita. This way, there is clarity and transparency as the accused knows what particular provision of law is being charged against him and so does the court. 

Legal Conditions Satisfied: Section 234(5)

One of the more complicated elements of framing a charge is dealt with in Section 234(5), which provides that the mere fact that a charge is framed means that all legal conditions necessary in law to complete the offence have been met. That is, when a charge is framed, it is assumed that the prosecution has met all the legal requirements to present the case in court.

This provision makes it easier to prepare charges since it exempts the prosecutor from having to state explicitly each legal condition in the charge. The presumption is that if the charge is valid, then the legal conditions have already been fulfilled.

Language of the Court: Section 234(6)

Section 234(6) requires that the charge be framed in the language of the court. This section provides for the charge to be understood by all parties to the case, including the judge, the accused, and the lawyers. As courts in India function in various languages based on the area, this section considers the multilingual nature of the country and provides for the administration of justice not to be delayed due to language.

For instance, in a court in Maharashtra, the charge would be in Marathi, but in a court in Rajasthan, it would be in Hindi. The point is that the charge should be in a language comprehensible to the court so that there is communication.

Referring to Previous Convictions: Section 234(7)

Section 234(7) deals with situations where the accused has past convictions that may result in a higher punishment in case they are found guilty of a future offence. If the prosecution seeks to establish such a past conviction to affect the punishment for the offence charged, the charge must set out the fact, date, and location of the past conviction.

This is an important provision since, in some laws, a previous conviction can result in increased sentencing upon a second conviction. If the information is not stated in the charge at the beginning, the court may include it at any time prior to the passing of the sentence.

This provision is meant to make the accused realize that they risk additional punishment by virtue of past convictions, thus enabling them to defend themselves in that light. 

Illustrations of Charges

Sanhita has a few illustrations under Section 234 with a view to explaining how the charges are to be framed:

Illustration (a) clarifies that where a person is accused of murder, it means the same as to say that the act was within the definition of murder under Sections 100 and 101 of the Bharatiya Nyaya Sanhita, 2023, and that there was no general exception or specific exception to the offence.

Illustration (b) considers voluntarily causing grievous hurt. If the accused is charged under Section 118(2) with voluntarily causing grievous hurt by means of a weapon, the charge specifies that no exceptions or other Sanhita provisions apply.

Illustration (c) makes it clear that charges of murder, theft, cheating, or any other offence may be simply put, without any mention of the precise legal definitions, but invariably must be in relation to the section of the law involved.

Illustration (d) demonstrates how a charge can be put for obstructing a sale of property by an authority under Section 219, with simple and straightforward language.

Here in the first part, we have touched on the main points of how charges need to be worded and presented under Section 234 of the Bharatiya Nagarik Suraksha Sanhita, 2023