CrPC Section 211 — Contents of charge

CHAPTER XVII THE CHARGE

General

Summary

Sub-section (1) requires every charge under the Code to state the offence the accused is charged with.

Sub-section (2) says that if the law creating the offence gives it a specific name, the charge may describe the offence by that name alone.

Sub-section (3) says that if the law gives the offence no specific name, the charge must state enough of the offence’s definition to tell the accused what matter they are charged with.

Sub-section (4) requires the charge to mention the law and the section of that law that the offence is said to have been committed against.

Sub-section (5) treats the making of a charge as a statement that every legal condition required to constitute the offence was fulfilled in that particular case.

Sub-section (6) requires the charge to be written in the language of the Court.

Sub-section (7) applies when a previous conviction may make the accused liable to enhanced punishment or a different kind of punishment for a later offence, and the previous conviction is intended to be proved to affect the punishment the Court may award. In that situation, the charge must state the fact, date and place of the previous conviction. If that information was left out, the Court may add it any time before sentence is passed.

Official Text

(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.

Referred to by

Related Judgments

  • M. L. SETHI vs R. P. KAPUR & ANR — Supreme Court of India (1966)
  • RAFIQ AHMED @ RAFI vs STATE OF U.P — Supreme Court of India (2011)
  • KAMLAPATI TRIVEDI vs STATE OF WEST BENGAL — Supreme Court of India (1978)
  • CHANDRAWATI vs RAMJI TIWARI & ANR. ETC — Supreme Court of India (2010)
  • MOHAN SINGH vs STATE OF BIHAR — Supreme Court of India (2011)
  • ANJU RANI & ANR. vs RAJAN KHURANA — Delhi High Court (2025)

Old <-> New Code Mapping