Charge
Also called: Framing of charge, Head of charge
The formal written statement of the offence an accused is to be tried for, with particulars of time, place, person and manner, so that he knows exactly what case he must meet.
Explained
In criminal procedure a charge is the precise accusation on which an accused is tried. Section 2(1)(f) of the BNSS gives only an inclusive definition: "charge" includes any head of charge when the charge contains more heads than one. The substance of the concept lies in Chapter XVIII of the BNSS (Sections 234 to 247), which earlier corresponded to Sections 211 to 224 of the CrPC.
Section 234 requires every charge to state the offence, the law and section of the law against which it is said to have been committed, and the specific name of the offence where the law gives one. Section 235 adds particulars of time, place and the person or thing against which the offence was committed, and Section 236 requires the manner of committing the offence to be stated where those particulars do not give sufficient notice. Under Section 238 an error or omission in the charge is not material unless the accused was in fact misled and a failure of justice resulted. Section 239 allows any Court to alter or add to a charge at any time before judgment.
The basic rule in Section 241 is a separate charge and separate trial for every distinct offence. The exceptions follow: up to five offences of the same kind committed within twelve months (Section 242, which raised the earlier limit of three), offences in the same transaction (Section 243), and alternative charges where it is doubtful which offence the facts will prove (Section 244). Section 245 permits conviction for a minor offence included in the offence charged even though it was not separately charged.
A charge is framed in warrant cases and sessions trials. In a summons case no formal charge is necessary; under Section 274 the particulars of the accusation are simply stated to the accused. The word "charge" also has an unrelated civil meaning: under Section 2(16) of the Companies Act, 2013 it is an interest or lien created on company property as security, including a mortgage, which must be registered under Section 77.
Examiners usually test the inclusive definition, the joinder rules and their numbers (five offences, twelve months), the effect of errors under Section 238, and the summons case exception.
What the law says
(f) “charge” includes any head of charge when the charge contains more heads than one;
Section 2(1)(f): inclusive definition of charge
Earlier law: CRPC 2. Definitions.
(1) Every charge under this Sanhita 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.
Contents of charge: offence, law and section
Earlier law: CRPC 211. Contents of charge.
No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.
Illustrations.
(a) A is charged under section 180 of the Bharatiya Nyaya Sanhita, 2023, with “having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit,” the word “fraudulently” being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material.
Errors in charge material only if accused misled
Earlier law: CRPC 215. Effect of errors.
(1) For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately:
Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby, the Magistrate may try together all or any number of the charges framed against such person.
(2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 242, 243, 244 and 246.
Separate charge for every distinct offence
Earlier law: CRPC 218. Separate charges for distinct offences.
(16) “charge” means an interest or lien created on the property or assets of a company or any of its undertakings or both as security and includes a mortgage;
Section 2(16): charge as security interest over company property
Earlier law: Section 211, CrPC
Example
For example, if A is accused of five thefts from different houses within ten months, all five may be charged and tried at one trial under Section 242, but a sixth theft in the same period needs a separate trial.
For the exam
- Section 2(1)(f) BNSS: charge includes any head of charge where there are several heads.
- Separate charge for every distinct offence is the rule (Section 241 BNSS); Sections 242 to 244 are exceptions.
- Up to five offences of the same kind within twelve months may be tried together (Section 242 BNSS); the CrPC allowed three.
- An error in the charge vitiates the trial only if the accused was misled and justice failed (Section 238 BNSS).
- No formal charge is framed in a summons case (Section 274 BNSS).
1,432 questions in the Law Maker question bank use this term. Practise Bharatiya Nagarik Suraksha Sanhita questions
Related terms
- Warrant-caseA case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Section 2(1)(z) of the BNSS.
- Summons-caseA case relating to an offence that is not a warrant-case, that is, an offence punishable with imprisonment up to two years or with fine only. Defined in Section 2(1)(x) of the BNSS.
- OffenceAn act or omission made punishable by law. The BNS core meaning is a thing made punishable by the Sanhita; the BNSS meaning covers any law in force.
- InquiryUnder Section 2(1)(k) of the BNSS, every inquiry, other than a trial, conducted under the Sanhita by a Magistrate or Court.
- ComplaintUnder Section 2(1)(h) of the BNSS, an oral or written allegation to a Magistrate, made so that he acts under the Sanhita, that some person, known or unknown, has committed an offence. A police report is excluded.
- Police reportThe report that the officer in charge of a police station forwards to a Magistrate under Section 193(3) of the BNSS when an investigation is completed.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.