CrPC Section 211: Contents of Charge – Detailed Explanation

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CrPC Section 211: Contents of Charge

This section deals with the essential components that must be included in a charge sheet filed by the police against an accused person.

1. State the Code

Section 211 of the Code of Criminal Procedure, 1973 (CrPC)

2. Explain it

The charge sheet, which is a formal document presented by the police before the court, must clearly outline the allegations against the accused. It must contain the following information:

  • The specific offence alleged to have been committed by the accused.
  • The date, time and place of the alleged offence.
  • A brief description of the facts constituting the offence.
  • The name and address of the accused person, if known.
  • The names and addresses of the witnesses who can testify against the accused.
  • A list of the documents that are relevant to the case.

The purpose of this section is to ensure that the accused is fully informed of the charges against them and has an opportunity to prepare their defence.

3. Illustrate it

Suppose a person is accused of theft. The charge sheet should clearly state:

  • The offence: Theft (Section 379 of the Indian Penal Code)
  • Date, time, and place of the alleged theft (e.g., 10th January 2023, 10:00 AM, XYZ store)
  • Brief description of facts: Accused stole a mobile phone from the store
  • Name and address of the accused
  • Names and addresses of witnesses (e.g., store owner, security guard)
  • Relevant documents (e.g., CCTV footage, store inventory records)

4. Common Questions and Answers

Q: Can the police change the charge sheet after it is filed?

Also Read  CrPC Section 96: Application to High Court to Set Aside Forfeiture Declaration

A: Yes, but only with the permission of the court. The court may allow amendments to the charge sheet if there is a compelling reason and the accused is not prejudiced by the change.

Q: What happens if the charge sheet does not contain all the required information?

A: The court may reject the charge sheet and direct the police to file a fresh one containing all the necessary details.

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