The Charge MCQ Quiz - Objective Question with Answer for The Charge - Download Free PDF

The correct answer is Charges are framed

Key Points

• Warrant Case on Police Report:
  • A warrant case involves offences punishable with death, life imprisonment, or imprisonment exceeding two years. If instituted on a police report, it follows the procedure under Sections 238 to 243 of CrPC.
• Commencement of Trial:
  • As per Section 240 CrPC, once the Magistrate considers the police report and finds sufficient grounds, they frame the charges.
  • Trial begins only after the charges are framed.
• Before Framing Charges:
  • The accused is provided copies of documents under Section 207.
  • The Magistrate considers the police report and documents under Section 239 to decide whether to discharge the accused.
  • If not discharged, charges are framed under Section 240, marking the start of the trial.
• Importance:
  • Framing of charge is a judicial determination that there is prima facie evidence, and the accused must face trial. Before this, proceedings are at the pre-trial stage.

Additional Information 

• Accused appears: The appearance of the accused is a preliminary step, not the beginning of the trial.
• Witnesses are examined: Examination of prosecution witnesses under Section 242 happens after the trial begins, i.e., after charges are framed.
• None of the above: Incorrect, because "Charges are framed" is the correct and specific trigger for the start of trial in such cases.

The correct answer is 'Alteration of charge'

Key Points

• Section 216 of the Code of Criminal Procedure, 1973:
  • Section 216 deals specifically with the alteration or addition of charges during a criminal trial.
  • It empowers the court to change or add to the charges at any stage of the trial before the judgment is pronounced.
  • This provision ensures that the trial is conducted fairly and that the accused is tried for the correct offenses as per the evidence presented.
  • It also allows the court to ensure that the framing of charges aligns with the facts and circumstances that emerge during the trial.
  • When charges are altered or added, the court must provide the accused with an opportunity to defend themselves against the new or altered charges.

Additional Information

• Effects of errors in framing charge (Option 2):
  • This is covered under Section 215 of the Code of Criminal Procedure, 1973.
  • It states that errors in framing charges that do not prejudice the accused or affect the trial's outcome are not grounds for setting aside a conviction.
  • It focuses on ensuring that technical errors in framing charges do not derail justice.
• Contents of charge (Option 3):
  • This is governed by Section 211 of the Code of Criminal Procedure, 1973.
  • It specifies the format and essential details that a charge must contain, such as the offense's nature, time, and place.
  • This section ensures that the accused understands the specific allegations against them.
• Recall of witness when charge is altered (Option 4):
  • This is addressed under Section 217 of the Code of Criminal Procedure, 1973.
  • It provides that if a charge is altered or added during the trial, the court may recall and re-examine any witness already examined or allow fresh evidence to be presented.
  • This ensures that the accused can effectively challenge the new charges through proper defense mechanisms.

The correct answer is 'OPTION 3.'

Key Points

• U/S 216 CrPC, Court's power to add or alter charge:
  • Section 216 of the Criminal Procedure Code (CrPC) empowers the court to add or alter any charge at any time before the pronouncement of the judgment.
  • This provision ensures that if any error or omission in framing charges comes to the court's notice during the trial, it can be corrected to ensure a fair trial.
  • The alteration or addition of charges must be communicated to the accused, and they must be given a fair opportunity to defend themselves against the new or altered charges.

Additional Information

• Other options explained:
  • Only prior to examination U/S 313 CrPC:
    • This option is incorrect because the court's power to alter charges is not limited to the period before the examination of the accused under Section 313 CrPC.
  • Only prior to conclusion of arguments:
    • This option is incorrect as well, as the court can alter charges even after the conclusion of arguments but before the pronouncement of the judgment.
  • None of the above:
    • This option is incorrect because the correct provision allows for altering charges before the pronouncement of judgment.

The correct answer is Option 4.

Key Points Section 216 of the Cr P.C: Court may alter charge.—
(1) Any Court may alter or add to any charge at any time before judgment is pronounced.
(2) Every such alteration or addition shall be read and explained to the accused.
(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.
(4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.
(5) If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.

The correct answer is Option 1

Key Points Section 216 –Court may alter charge 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.
• If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court to prejudice the accused in his defence or the prosecutor in the conduct of the case the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.
• If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.
• If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction had been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.
   

The correct answer is option 3.Key Points

• Section 217 of Criminal Procedure Code 1973 deals with Recall of witnesses when charge altered.
• Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed:
  • (a) To recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice;
  • (b) Also to call any further witness whom the Court may think to be material.
• Section 311 of Criminal Procedure Code 1973 deals with  Power to summon material witness, or examine person present.
• Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

The correct answer is option 3.Key Points

• Section  216 of Cr.P.C,1973 deals with court may alter charge.
• It states 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.
• If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.
• If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.

Additional Information

• Section 215 Comes under chapter 17 ( The Charge).
• It says 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.
• Section 464 says No finding, sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby.

The correct answer is 3.

Key Points

• Section 219 of the CrPC provides that Three offences of same kind within year may be charged together.
• It states that —(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.
  (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860) or of any special or local law:
  Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.

The correct answer is Option 2.

Key PointsSection 215 of the Criminal Procedure Code, 1973: Effect of errors

• 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.

Illustration: 

• (a) A is charged under section 242 of the Indian Penal Code (45 of 1860), 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, 1882. In fact, the murdered person's name was Haidar Baksh, and the date of the murder was the 20th January, 1882. 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, 1882, and Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 1882. 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

The correct answer is option 3.Key Points

• Section 217 of Criminal Procedure Code 1973 deals with Recall of witnesses when charge altered.
• Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed:
  • (a) To recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice;
  • (b) Also to call any further witness whom the Court may think to be material.
• Section 311 of Criminal Procedure Code 1973 deals with  Power to summon material witness, or examine person present.
• Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

The correct answer is option 3.Key Points

• Section 221 of Criminal Procedure Code 1973 deals with where it is doubtful what offence has been committed.
• It says if a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences.
• (2) If in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of sub-section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it.

The correct answer is Option 3. 

Key Points

• As per section 215 of CrPC :
• 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.
• This provision ensures that minor errors or omissions in the charge do not automatically invalidate the proceedings.
• It sets a standard that such errors or omissions will only be considered material if they have actually misled the accused and led to a failure of justice. This protects the integrity of the legal process while ensuring fairness to the accused.

The correct answer is Option 3.Key Points

• Section 221 of Criminal Procedure Code 1973 deals with where it is doubtful what offence has been committed.
• It says if a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences.
• (2) If in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of sub-section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it.

The correct answer is Section 223 Cr.P.C.

Key Points

• Section 223 of the Cr.P.C., provides for What persons may be charged jointly.
• It states that —The following persons may be charged and tried together, namely:—
  (a) persons accused of the same offence committed in the course of the same transaction;
  (b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence;
  (c) persons accused of more than one offence of the same kind, within the meaning of section 219 committed by them jointly within the period of twelve months;
  (d) persons accused of different offences committed in the course of the same transaction;
  (e) persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last named offence;
  (f) persons accused of offences under sections 411 and 414 of the Indian Penal Code (45 of 1860) or either of those sections in respect of stolen property the possession of which has been transferred by one offence;
  (g) persons accused of any offence under Chapter XII of the Indian Penal Code (45 of 1860) relating to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges:
  Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the Magistrate or Court of Session may, if such persons by an application in writing, so desire, and if he or it is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together.

The correct answer is option 3.Key Points

• Section  216 of Cr.P.C,1973 deals with court may alter charge.
• It states 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.
• If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.
• If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.

Additional Information

• Section 215 Comes under chapter 17 ( The Charge).
• It says 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.
• Section 464 says No finding, sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby.