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    Misjoinder of Charge

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    Intern VSP
    Misjoinder of charge occurs when an accused is improperly charged with an offense they should not have been charged with or charged with multiple offenses improperly. The Supreme Court has ruled misjoinder is an irregularity that does not automatically invalidate a trial unless a failure of justice has occurred. Section 464 of the CrPC states a trial will not be invalid due to an error in charging unless a failure of justice is found to have occurred. Courts must determine if the accused had a fair trial and understanding of the charges against them. The trial court can alter or add charges before judgment but must explain any changes to the accused. Addition of minor charges is allowed if the proved particulars form a lesser offense.

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    Misjoinder of Charge

    Uploaded by

    Intern VSP
    333 views3 pages
    Misjoinder of charge occurs when an accused is improperly charged with an offense they should not have been charged with or charged with multiple offenses improperly. The Supreme Court has ruled misjoinder is an irregularity that does not automatically invalidate a trial unless a failure of justice has occurred. Section 464 of the CrPC states a trial will not be invalid due to an error in charging unless a failure of justice is found to have occurred. Courts must determine if the accused had a fair trial and understanding of the charges against them. The trial court can alter or add charges before judgment but must explain any changes to the accused. Addition of minor charges is allowed if the proved particulars form a lesser offense.

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    This article explains the concept of misjoinder of charge.

    Original Title

    MISJOINDER OF CHARGE

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    Misjoinder of charge occurs when an accused is improperly charged with an offense they should not have been charged with or charged with multiple offenses improperly. The Supreme Court has ruled misjoinder is an irregularity that does not automatically invalidate a trial unless a failure of justice has occurred. Section 464 of the CrPC states a trial will not be invalid due to an error in charging unless a failure of justice is found to have occurred. Courts must determine if the accused had a fair trial and understanding of the charges against them. The trial court can alter or add charges before judgment but must explain any changes to the accused. Addition of minor charges is allowed if the proved particulars form a lesser offense.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    333 views3 pages

    Misjoinder of Charge

    Uploaded by

    Intern VSP
    Misjoinder of charge occurs when an accused is improperly charged with an offense they should not have been charged with or charged with multiple offenses improperly. The Supreme Court has ruled misjoinder is an irregularity that does not automatically invalidate a trial unless a failure of justice has occurred. Section 464 of the CrPC states a trial will not be invalid due to an error in charging unless a failure of justice is found to have occurred. Courts must determine if the accused had a fair trial and understanding of the charges against them. The trial court can alter or add charges before judgment but must explain any changes to the accused. Addition of minor charges is allowed if the proved particulars form a lesser offense.

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    of 3

    MISJOINDER OF CHARGE

    ● DEFINITION

    Misjoinder of charge is when a charge is framed upon an accused improperly. It


    might be a case where a person is charged with an offence but in reality he
    should have been charged with a different offence.

    In the case of In Re: Lachman Nanda vs Unknown on 15 April, 1963, (AIR 1966
    MP 261,) it was observed by the Supreme Court that the misjoinder of charges
    means (not) only the improperly charging of the same person or persons with
    more than one offence; in our view this means also misjoinder of more than one
    person for the same offence or more than one offence.

    The CrPC has divided the chapter of charge into two broad parts. The first part
    (sections 211-217) deals with the form and contents of charge, and the second
    (sections 218-224), with the joinder of charge.

    ● Will a criminal trial be vitiated if there is a misjoinder of charge?

    A clear answer on the question can be found if one goes through Section 464 of
    the code which states that-
    464. Effect of omission to frame, or absence of, or error in, charge.—(1) 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 pertinent question was answered by a divisional bench of the Supreme


    Court in the case of Kamalanantha Vs. State of Tamil Nadu (Criminal Appeal
    Nos. 611-612 of 2003) where the court observed that misjoinder of charges is
    not an illegality but an irregularity curable under Section 464 or Section 465
    Cr.P.C. provided no failure of justice had occasioned thereby. Whether or not
    the failure of justice had occasioned thereby, it is the duty of the Court to see,
    whether an accused had a fair trial whether he knew what he was being tried for,
    whether the main facts sought to be established against him were explained to
    him fairly and clearly and whether he was given a full and fair chance to defend
    himself.

    ● (OLD) Code of Criminal Procedure, 1898

    Section 537 of the old CrPC,1898 deals with the error in framing of charge or
    misjoinder of charge. The wordings of the old CrPC are at par with the
    wordings of the current provision in the new CrPC, 1973.
    However, the older CrPC also gives an explanation which states that-
    Explanation -In determining whether any error, omission or irre~ularity in
    any proceeding under this Code has occasioned a failure of justice, the Court
    shall have regard to the fact whether the objection could and should have
    been raised at an earlier stage in the proceedings.
    The omission of the aforesaid explanation in the new CrPC gives more power to
    the judiciary to adjudge whether there has been a failure of justice or not.

    ● Alteration or addition of charges

    The trial court has the liberty to add or alter any of the charges mentioned at any
    time before the pronouncement of judgement but the same must be done after
    the altered/added charges are read and explained to the person accused. If the
    alteration of the charge changes the nature of the charge then the court shall not
    proceed with the charge unless it has received a previous sanction to prosecute
    the accused.
    When an alteration or addition is granted and such is done after the
    commencement of trial, the prosecutor and the defence is given the opportunity
    to re-issue summons to witnesses already examined once. However, during the
    2nd examination, the same can be done only with respect to questions pertaining
    to the added or altered charges. The prosecution and the defence can also issue
    summons to witnesses not previously examined or summoned.

    ● Addition of minor charges

    According to Section 222, if the accused is charged with an offence consisting


    of several particulars, some of which if combined and proved to form a minor
    offence, then he may be convicted of such minor offence. Although the meaning
    of the term ‘minor offence’ is not defined under the code, it means an offence
    which has lesser punishment than the other offence of which the accused has
    been charged.

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