Charge — Form, Contents, Alteration, Alternative Charge (ss.234–245 BNSS) — BNSS (Criminal Law II) Notes

Charge — Form, Contents, Alteration, Alternative Charge (ss.234–245 BNSS)

A charge is the accused’s map of the accusation — it tells him precisely what he must defend. Frame it wrong and the whole trial may collapse; frame it right and even a slip is curable. The examiner’s favourite trap is the altered charge the court forgot to read out.

A charge is the formal, written accusation, framed by the court, stating the offence the accused is called upon to answer.

A. Contents of a charge (ss.234–236 [ss.211–213 CrPC])

The offence and the section of law;
Particulars of time, place and person (and property) — enough to give the accused notice;
The manner of the offence, only if the ordinary particulars do not give sufficient notice.

B. Effect of errors (s.238 [s.215 CrPC])

An error or omission in the charge is not material unless it misled the accused and caused a failure of justice. Charges are about substance, not form.

C. Alteration of charge (s.239 [s.216 CrPC])

The court may alter or add to a charge at any time before judgment. If it does, it must read and explain the altered charge to the accused; if the alteration is likely to prejudice him, the court must give a chance to recall witnesses or hold a fresh trial.

D. Alternative charge for a doubtful offence (s.244 [s.221 CrPC])

Where a single act makes it doubtful which of several offences the facts amount to (theft or receiving or breach of trust or cheating), the accused may be charged with all in the alternative, or with any one, and convicted of the offence shown to have been committed even if not charged.

⚠️ DON’T CONFUSE — discharge v. acquittal

Discharge happens before the evidence, when the court finds no prima facie case (s.250 in a Sessions/warrant case) — the accused is let go but may be proceeded against again on fresh material. Acquittal happens after the trial, on the merits — it is final and bars a re-trial (double jeopardy, s.337). Discharge = “not enough to start”; acquittal = “tried and not guilty”.

🧩 WORKED EXAMPLE — the unread altered charge

Facts. During trial the court alters the charge but does not read or explain the altered charge to the accused, and then convicts him.

Rule. Section 239 requires the altered charge to be read and explained; but s.510 BNSS [s.464 CrPC] makes such an error curable unless it occasioned a failure of justice.

Apply. Failure to read the altered charge is an irregularity; the conviction stands only if the omission did not prejudice the accused. If he was misled in his defence, the conviction is set aside (or a re-trial ordered).

Conclusion. Not automatically fatal — the test is prejudice / failure of justice. The decoy is treating the omission as void per se.

Section 239 BNSS: “Any Court may alter or add to any charge at any time before judgment is pronounced. Every such alteration or addition shall be read and explained to the accused.”

In Simple Terms: A charge can be changed any time before judgment, but the accused must be told of the change and, if prejudiced, given a chance to meet it.

flowchart TD
    ROOT["Charge ss.234-245"]:::root
    ROOT --> A["Contents ss.234-236<br/>offence, section, time/place/person, manner if needed"]:::leaf
    ROOT --> B["Error s.238<br/>immaterial unless failure of justice"]:::leaf
    ROOT --> C["Alteration s.239<br/>any time before judgment; read & explain"]:::leaf
    ROOT --> D["Doubtful offence s.244<br/>alternative charge"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Willie (William) Slaney v. State of M.P. (1956) — an omission or defect in the charge does not vitiate a trial unless it causes a failure of justice.
V.C. Shukla v. State (1980) — the object of a charge is to give the accused clear notice of the accusation.
Kantilal Chandulal Mehta v. State of Maharashtra (1970) — the court’s power to alter a charge is wide but must not prejudice the accused.

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