Framing Charges and Writing a Criminal Judgment — Judicial Services

Weightage: In the Madhya Pradesh pattern the Judgment Writing paper allots about 10 marks to framing of charges and about 40 to a criminal judgment, and criminal judgment writing appears in the law papers of other states. Apply the BNS, BNSS and BSA for offences from 1 July 2024, and the older Codes for earlier offences, and confirm the format your High Court prescribes.

1. What the examiner reads

A criminal judgment is read for correct charges, fair treatment of the evidence, the standard of proof and a clear order. The cardinal rule is that the prosecution must prove guilt beyond reasonable doubt, and doubt must go to the accused.

2. Framing the charge: BNSS 234

A charge states the offence with which the accused is charged. BNSS 234 (CrPC 211) requires it to contain:

• The offence, and the name of the offence if it has one.
• The law and section under which it is punishable.
• The time and place of the offence and the person against whom, or the thing in respect of which, it was committed.

An example of a charge for murder:

"I, [name], Sessions Judge, charge you [accused] as follows: that you, on [date], at about [time], at [place], within the jurisdiction of this court, committed murder by intentionally causing the death of [victim] by [stabbing him with a knife], and thereby committed an offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this court. And I hereby direct that you be tried by this court on the said charge."

3. Rules for charges

• Separate charge for each distinct offence (BNSS 242, CrPC 218), but up to three offences of the same kind within twelve months may be tried together.
• Alternative charges are allowed where it is doubtful which of several offences the facts constitute, such as murder or in the alternative culpable homicide.
• Joint trial of persons accused of the same offence is allowed, and common intention (BNS 3(5)) can be charged with the main offence.
• The charge is read and explained, and the plea is recorded. A charge can be altered before judgment (BNSS 239) with a chance to the accused to meet it.
• At the stage of charge, the standard is strong suspicion, not proof.

4. The skeleton of a criminal judgment

1. Cause title: court, case number, State v. accused, FIR number, police station, offences.
2. The prosecution case: a short account of the FIR and the charge-sheet.
3. The charge and the plea of the accused.
4. The evidence: prosecution witnesses (PW-1 onwards) with their role, documents (Ex. P-1) and material objects.
5. Statement of the accused (BNSS 351) and the defence evidence.
6. Points for determination.
7. Discussion and findings on each point, with reasons.
8. Hearing on sentence, if convicted (BNSS 258(2)).
9. Operative order: conviction or acquittal, sentence, compensation and disposal of property.

5. Points for determination

Frame them as questions, for a murder case, for example:

1. Whether the death of X was homicidal?
2. Whether the accused caused the death?
3. Whether the accused intended to cause death, or the injury was sufficient in the ordinary course of nature to cause it?
4. Whether any exception applies?
5. What order should be passed?

6. Appreciating the evidence

• Eyewitnesses: a related witness is not for that reason interested, but the court examines the evidence with care (Darya Singh, 1964). Ask whether the witness was present, saw the act and gave a consistent account.
• Sole eyewitness: conviction is possible if the witness is wholly reliable, and otherwise corroboration is sought (Vadivelu Thevar, 1957).
• Hostile witnesses: the testimony is not wholly rejected, and the credible and corroborated part can be used.
• Recovery under BSA 23(2): only the part distinctly relating to the fact discovered, and the recovery must be proved by independent witnesses, preferably.
• Medical evidence: it supports or contradicts the eyewitnesses, and ocular evidence prevails unless the medical evidence rules out the version.
• Delay in FIR: it may raise doubt about embellishment, but an explained delay does not harm the case.
• Dying declaration: see the evidence chapter. It can be the sole basis if reliable.
• Motive: helpful, but its absence does not destroy a case supported by direct evidence.
• Statement of the accused: his explanation or false denial may be considered, and a false explanation can add a link, but cannot fill gaps.

7. Benefit of doubt and acquittal

If the evidence leaves a reasonable doubt, the accused is acquitted. Doubt is not fanciful, but arises from the evidence, such as material contradictions, an unexplained delay, improbable recovery, or unreliable witnesses. The judgment must say why the doubt exists, not just record "benefit of doubt".

8. Sentencing

On conviction, the court must hear the accused on the question of sentence (BNSS 258(2)) and may hear the victim. Principles:

• Proportionality between the crime and the punishment, with the aggravating and mitigating circumstances.
• Death sentence: only in the rarest of rare cases (Bachan Singh v. State of Punjab, 1980; Machhi Singh, 1983), with special reasons and a balance of aggravating and mitigating factors. A death sentence must be confirmed by the High Court.
• Probation or admonition in suitable cases for first offenders (Probation of Offenders Act, 1958; BNSS 401).
• Compensation to the victim (BNSS 395, CrPC 357), and community service for specified petty offences under the BNS.
• Give set-off for detention during trial (BNSS 468, CrPC 428).

9. The operative order

For a conviction:

"The accused is convicted under Section 103(1) of the BNS and is sentenced to imprisonment for life and a fine of ₹10,000, in default six months' simple imprisonment. The period of detention already undergone shall be set off. The knife and clothes shall be disposed of after the appeal period. Copy of the judgment be given free to the accused."

For an acquittal:

"The prosecution has failed to prove the charge beyond reasonable doubt. The accused is acquitted under Section 103(1) of the BNS and is set at liberty if not wanted in another case. His bail bonds are discharged, subject to the bond for appearance required by law."

10. A worked outline

Facts. A is charged with murdering B by stabbing, in the presence of PW-1 (B's brother) and PW-2 (a neighbour). PW-2 turns hostile. The knife was recovered on A's information. The medical evidence shows a single stab wound in the chest, sufficient to cause death.

The outline, point by point:

1. Death homicidal: proved by the post-mortem.
2. Who caused it? PW-1 is related but consistent and corroborated by the medical evidence, and the credible part of PW-2 supports him.
3. Recovery: only the part distinctly relating to the discovery of the knife counts under BSA 23(2).
4. Intention: a single deep chest wound is sufficient in the ordinary course of nature, so the offence is murder under BNS 101, and no exception applies on the evidence.
5. Conviction under BNS 103(1), after hearing on sentence.

Common traps judicial exams set here

• Wrong section in the charge. Cite the BNS section for offences from 1 July 2024.
• Omitting time, place or person in the charge. BNSS 234 requires them.
• Rejecting a hostile witness wholly. Use the credible and corroborated part.
• Convicting without hearing on sentence. The hearing is mandatory.
• Writing "benefit of doubt" without reasons. State the doubt.

Memory aids

• "Offence, section, time, place, person": the contents of a charge.
• "Homicidal, who, intention, exceptions, order": points for a murder.
• "Rarest of rare": Bachan Singh.

Summary

A charge states the offence, the law and section, and the time, place and person, in the form of BNSS 234. A criminal judgment follows the skeleton from the prosecution case to the operative order, with findings on points for determination.

The standard is proof beyond reasonable doubt. A court appreciates eyewitness, hostile witness and recovery evidence carefully, hears the accused on sentence and gives reasons for both conviction and acquittal.

Exam protocol

• Draft the charge in the statutory form first.
• Frame points for determination as questions.
• State the reasons for any doubt and the sentence.