Contents of charge
Section 211 of the Code of Criminal Procedure, 1973 deals with contents of charge. Every charge under this Code shall state the offence with which the accused is charged. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) Every charge under this Code 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.
(4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.
(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.
(6) The charge shall be written in the language of the Court.
(7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.
Illustrations
(a) A is charged with the murder of B. This is equivalent to a statement that A's act fell within the definition of murder given in sections 299 and 300 of the Indian Penal Code (45 of 1860); that it did not fall within any of the general exceptions of the said Code; and that it did not fall within any of the five exceptions to section 300, or that, if it did fall within Exception 1, one or other of the three provisos to that exception applied to it.
(b) A is charged under section 326 of the Indian Penal Code (45 of 1860), with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by section 335 of the said Code-, and that the general exceptions did not apply to it.
(c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property-mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false property-mark, without reference to the definitions of those crimes contained in the Indian Penal Code (45 of 1860); but the sections under which the offence is punishable must, in each instance, be referred to in the charge.
(d) A is charged under section 184 of the Indian Penal Code(45 of 1860) with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant.The charge should be in those words.
212.
Section 211, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 234 Contents of charge Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 300 Person once convicted or acquitted not to be tried for same offence
- Indian Penal Code s. 184 Obstructing sale of property offered for sale by authority of public servant
- Indian Penal Code s. 299 Culpable homicide
- Indian Penal Code s. 300 Murder
- Indian Penal Code s. 326 Voluntarily causing grievous hurt by dangerous weapons or means
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Rohtas vs The State of Haryana Home Department Home Secretary
Court's Decision & Legal Precedent
When an accused is charged under Sections 148 and 149 IPC as part of an unlawful assembly, but some members of the assembly are acquitted during trial such that the number falls below five, the conviction under Sections 148 and 149 cannot be sustained. However, the accused can be individually convicted under Section 307 IPC (or other applicable provisions) if the evidence establishes that his individual act caused the injury or death, provided that: (1) the facts to be proved and evidence to be adduced would be substantially the same as under the group charge; (2) the accused was expressly confronted with his specific role in the offence; and (3) no prejudice is caused to the accused by the charge alteration. Additionally, the credibility of eyewitness testimony from closely related family members (such as the victim's brother) can be relied upon in violent crime cases if the testimony is consistent, detailed, corroborated by medical evidence, and the gravity of injuries makes false implication inconceivable.
On this section: Provisions dealing with framing of charges. Court held that these sections give significant flexibility to courts to alter and rectify charges, provided the accused is not prejudiced.
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Rafiq Ahmed @ Rafi vs State of U. P
Court's Decision & Legal Precedent
When an accused is charged with dacoity-with-murder under Section 396 IPC, the ingredient of murder defined under Section 300 IPC is expressly incorporated into Section 396 by specific statutory language. Therefore, if the evidence establishes that the accused committed murder but does not establish the dacoity component, the accused can be convicted for murder under Section 302 IPC without a specific charge for Section 302, provided: (a) the accused had notice that murder was an allegation against him through the Section 396 charge and Section 313 examination where facts were put to him; (b) he had full opportunity to defend himself; (c) no prejudice resulted to his right to fair trial, presumption of innocence, or the prosecution's burden to prove guilt beyond reasonable doubt; and (d) the ingredients of murder under Section 300 IPC are satisfied by the evidence. The principle of cognate offences permits such conviction when the graver offence (dacoity-with-murder) incorporates the essential elements of the lesser offence (murder) by express statutory language, and the accused suffered no failure of justice.
On this section: Charge shall state the offence and contain other prescribed particulars. Applied to discuss the formal requirement of charge framing
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Sanichar Sahni vs State of Bihar
Court's Decision & Legal Precedent
A person can be convicted of criminal conspiracy under Section 120-B IPC even if co-accused are not charged under the same section, provided: (a) there is credible evidence proving the accused conspired with others to commit an illegal act; (b) the accused was given fair notice and opportunity to defend against the conspiracy charge; (c) no actual prejudice resulting in failure of justice has been caused to the accused by any defect in charge framing; and (d) the conviction is supported by evidence led at trial. Defects in charge framing are not fatal to conviction unless the accused establishes real prejudice and demonstrates he did not receive a fair trial or understand the case against him.
On this section: Covers when and how charges should be framed. Cited in context of discussion on proper charge framing requirements.
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Vinubhai Ranchhodbhai Patel vs Rajivbhai Dudabhai Patel
Court's Decision & Legal Precedent
When an unlawful assembly is alleged in a criminal trial resulting in death or injury to multiple persons: (1) Charges must be framed distinctly and specifically for each victim and for each accused, particularly distinguishing which accused is alleged to have caused death of which victim and on what basis (direct liability or vicarious liability under Section 149); (2) The existence of an unlawful assembly as defined under Section 141 IPC (assembly of 5+ persons with common object to commit offence) must be established as foundational to any conviction under Sections 143, 146, 148, or 149; (3) The common object of the assembly must be inferred from the circumstances of gathering, time, place, and conduct as a group - not from individual overt acts alone; (4) The mere presence of an accused in an unlawful assembly is sufficient for vicarious liability under Section 149 for offences committed by other members if he had knowledge that such offence was likely to be committed; (5) Defective charge framing that fails to communicate to the accused with precision the nature of their alleged liability violates Article 21 of the Constitution and constitutes failure of justice warranting appellate intervention; (6) When, after substantial passage of time (such as 26 years), procedural defects and evidentiary degradation make fresh trial impracticable, public law damages awarded to victims by the State may be an appropriate remedy for state's failure in maintaining law and order.
On this section: Deal with 'charges' in criminal case; prescribe particulars required in a charge to ensure fair procedure and accused's right to know precise accusation
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Shahid Riza @ Raju vs State (NCT Of Delhi)
Court's Decision & Legal Precedent
An accused can be convicted under a section different from the one charged if: (1) The facts alleged in the charge support the conviction under the different section; (2) The accused had a fair trial and was fully aware of the facts and allegations against him; (3) The accused was given full opportunity to cross-examine witnesses and defend himself; (4) No prejudice or miscarriage of justice is occasioned by the charge framing irregularity. In cases of acid attack causing grievous burn injuries without intention to cause death, conviction should be under Section 326 IPC (causing grievous hurt by corrosive substance) rather than Section 307 IPC (attempt to murder), even if charged under Section 307, provided the above conditions are satisfied.
On this section: Charge must be precisely stated to ensure accused gets fair trial. Court examined whether charge framing irregularity violated this principle.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… In para 7 it was observed as under: (SCC pp. 539-40) "7. Section 211 of the Code of Criminal Procedure requires that the charge against the accused be precisely stated. Sub-section (4) of Section 211 of the Code of Criminal Procedure specifically requires that the law and section of the law against which the offence is said to have been committed shall be mentioned in the charge. The learned counsel for the respondent State, relying on Section 464 of the Code of Criminal Procedure, urged that failure to specify …
Questions about Section 211
What have the courts held on Section 211 of the Code of Criminal Procedure?
Rohtas vs The State of Haryana Home Department Home Secretary (10 Dec 2020) is the leading judgment on this section among those set out below: Provisions dealing with framing of charges. Court held that these sections give significant flexibility to courts to alter and rectify charges, provided the accused is not prejudiced. Another 4 judgments on this section are set out below, 4 of them from the Supreme Court. They run from 2009 to 2020.
How do I find court cases under Section 211 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 211, section 211 CRPC, section 211 of the Code of Criminal Procedure. People searching for it also type crpc 211 in bnss and 211 crpc pakistan. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with Rohtas vs The State of Haryana Home Department Home Secretary (10 Dec 2020).
What should I read with Section 211 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 300 (Person once convicted or acquitted not to be tried for same offence), Indian Penal Code 184 (Obstructing sale of property offered for sale by authority of public servant), Indian Penal Code 299 (Culpable homicide), Indian Penal Code 300 (Murder), and on 1 further provision, so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 234 (Contents of charge), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 211 of the Code of Criminal Procedure come into force?
Section 211 of the Code of Criminal Procedure, cited as CRPC 211, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.