CHARGES, CHARGE SHEET, AND FRAMING OF CHARGES Flashcards
What is a charge?
An allegation against an accused who has committed an offence under the provisions of the law.
A charge is a formal complaint or indictment in writing of the offence that the accused is alleged to have committed.
What is an offence?
An act or omission punishable by law.
An offence must be contained in a written law as per Section 36 (12) of the Constitution.
What are the essential parts of a charge?
- Allegation against the accused
- Description of the offence
- Identification of the accused
- Statement of offence
- Particulars of offence
- Trial information
- Subscription
What is a charge sheet?
A formal document that contains the details of the charges against the accused.
It is divided into sections including identification of the accused and particulars of the offence.
What must every charge contain?
The offence which the accused is alleged to have committed.
If a specific name is provided by the law, it should be used in the charge.
True or False: A charge can contain multiple offences.
False.
Each charge should contain only one offence; separate offences must be charged separately.
What is the significance of the statement of offence?
It points out the article of the law violated.
It must be clear and specific to give adequate notice to the accused.
What are particulars of offence?
An articulate description of the offence committed, including time, place, and involved parties.
They must be reasonably sufficient to inform the accused of the charges.
What should be avoided when drafting charges?
- Ambiguity
- Duplicity
- Misjoinder of offenders
- Misjoinder of offences
What does the rule against ambiguity require?
All particulars must be stated clearly and accurately to give adequate notice of the offence.
Trivial errors may not invalidate a charge, but fundamental errors will.
What should not be left blank in a charge sheet?
No section or particular item.
All sections of the charge sheet are important.
What is the rule against duplicity?
Each offence must be reflected in a single count charge and tried separately.
Exceptions exist for identical offences in a single transaction.
What must charges be framed in accordance with?
Law and rules of procedure.
The drafter should use the wordings of the law creating the offence.
Fill in the blank: A charge must disclose an offence known to _______.
[Law]
What is the consequence of omitting a single word in a charge?
It may result in the charge being dismissed.
This emphasizes the importance of precision in drafting charges.
