Code:
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.
(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.
(b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material.
(c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error.
(d) A is charged with the murder of Khoda Baksh on the 21st January, 2023. In fact, the murdered person’s name was Haidar Baksh, and the date of the murder was the 20th January, 2023. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial.
(e) A was charged with murdering Haidar Baksh on the 20th January, 2023, and Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 2023. When charged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from this that A was misled, and that the error was material.
Explanation:
This section deals with the impact of errors or omissions in the charge sheet on the legal proceedings. It states that errors in stating the offense, or the particulars required in the charge, are not considered material unless they mislead the accused and cause a failure of justice.
Illustrations:
- Illustration (a): An accused is charged with possessing counterfeit coins but the word “fraudulently” is omitted. The omission is not material unless it is proven that the accused was misled by it.
- Illustration (b): An accused is charged with cheating but the manner of cheating is not mentioned. If the accused defends himself and calls witnesses, the court may infer that the omission is immaterial.
- Illustration (c): An accused is charged with cheating but the specific transaction is not mentioned. If the accused has no means of knowing which transaction is being referred to and offers no defense, the court may infer that the omission is material.
- Illustration (d): An accused is charged with murder but the name of the victim and the date of the murder are incorrect. If the accused was aware of the correct details and had the opportunity to defend himself, the errors are immaterial.
- Illustration (e): An accused is charged with two murders, but during the trial for one murder, the evidence presented is actually related to the other murder. If the accused is misled and unable to adequately defend himself, the error is material.
Common Questions and Answers:
- Q: What constitutes a “material” error?A: A material error is one that misleads the accused and results in a failure of justice. The court considers the specific circumstances of each case to determine if an error is material.
- Q: How does the accused prove that they were misled by an error?A: The accused must show that the error in the charge sheet caused them to misunderstand the nature of the charges against them and that they were unable to properly defend themselves.
- Q: Can the accused waive the right to a proper charge sheet?A: While the accused can waive certain rights, they cannot waive the right to a charge sheet that adequately informs them of the nature of the charges against them.
