Correct option is C
Statement 1: "Every charge under the Code of Criminal Procedure, 1973 states the offenses with which the accused may be charged."
This is
true. Under
Section 211 of the Code of Criminal Procedure (Cr.P.C.), 1973, every charge must clearly state the offense that the accused is charged with. The charge must specify the nature of the offense in a way that the accused fully understands the accusation. The charge should also include sufficient details about the offense, ensuring the accused has a fair opportunity to defend themselves. This is essential for ensuring that the legal process is transparent and just.
Statement 2: "If in the course of the same transaction, more offenses than one are committed by the same person, he can be charged at one trial."
This is also
true.
Section 220 of the Cr.P.C. allows for the joinder of charges if multiple offenses are committed in the course of the same transaction. This means that if a person commits several offenses in the course of the same transaction or series of events, they can be tried together in one trial, instead of multiple separate trials. This is designed to enhance judicial efficiency and prevent the accused from undergoing multiple trials for offenses that are related to a single transaction or event.
Information Booster:
"Charge" Under the Cr.P.C. (Sections 211–224) The concept of a charge is crucial in criminal trials as it informs the accused of the offense they are being prosecuted for. The charge must be precise, ensuring that the accused knows the allegations and can mount a proper defense. Charges must include:
· The exact legal provision under which the offense is categorized.
· Specific details of the offense, such as the time and place where it was committed, ensuring clarity.
For instance, if a person is accused of theft, the charge should mention the relevant sections of the Indian Penal Code (IPC) and the particulars of the theft (date, time, place, etc.).
Joinder of Charges (Sections 218–223) The Cr.P.C. permits multiple offenses committed in a single transaction to be tried together, as mentioned in
Section 220. For example, if a person commits theft and assault in the course of the same act, both charges can be combined into one trial, reducing the burden on the judiciary and avoiding inconsistent verdicts in separate trials.
Additional Knowledge:
1.
Section 211, Cr.P.C. (Form of Charge) This section mandates that a charge must state the specific offense and provide sufficient details, ensuring that the accused can prepare their defense. A charge without proper details can be dismissed for vagueness.
2.
Section 218, Cr.P.C. (Separate Charges for Distinct Offenses) As a general rule, each offense must have a separate charge and be tried separately. However, this is relaxed under Section 220, which allows for the joinder of charges in cases where multiple offenses are committed in the same transaction.
3.
Section 220, Cr.P.C. (Trial for Multiple Offenses in One Transaction) This section provides flexibility in criminal proceedings by allowing multiple offenses committed during the same transaction to be tried together. This saves time and avoids multiple trials for related offenses, ensuring swift justice.
