CrPC - Schedule 2 - Form 32 : Charges
Form No 32
CHARGES
CHARGES
(see sections 211,212 and
213)
(1)(a) I, _________ (name and office of Magistrate, etc.), hereby charge you _________ (name of accused person) as follows —
(b) On section 121 — That you, on or about the _________ day of _________, at _________ waged war against the Government of India and thereby committed an offence punishable under section 121 of the Indian Penal Code, and within the cognizance of this Court.
(c ) And I hereby direct that you be tried by this Court on the said charge.
(Signature and Seal of the Magistrate)
To be substituted for (b) —
(2) On section 124 — That you, on or about the _________ day of _________, at _________, with the intention of inducing the President of India or, as the case may be, the Governor of _________ (name of State) to refrain from exercising a lawful power as such President (or, as the case may be, the Governor), assaulted President (or, as the case may be, Governor), and thereby committed an offence punishable under section 124 of the Indian Penal Code, and within the cognizance of this Court.
(3) On section 161 — That you being a public servant in the _________ Department, directly accepted from _________ (state the name) for another party _________ (state the name) gratification other than legal remuneration, as a motive for forbearing to do an official act, and thereby committed an offence punishable under section161 of the Indian Penal Code, and within the cognizance of this Court.
(4) On section 166 — That you, on or about the _________ day of _________, at _________ did (or omitted to do, as the case may be), such conduct being contrary to the provisions of _________ Act _________, section _________, and known by you to be prejudicial to _________, and thereby committed an offence punishable under section 166 of the Indian Penal Code, and within the cognizance of this Court.
(5) On section 193 — That you, on or about the _________ day of _________, at _________ in the course of the trail of _________ Before _________, started in evidence that” _________ “which statement you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 203 of the Indian Penal Code, and within the cognizance of this Court.
(6) On section 304 — That you, on or about the _________ day of _________, at _________, committed culpable homicide not amounting to murder, causing the death of _________, and thereby committed an offence punishable under section 304 of the Indian Penal Code, and within the cognizance of this Court.
(7) On section 306 — That you, on or about the _________ day of _________, at _________, abetted the commission of suicide by A.B., a person in a state of intoxication, and thereby committed an offence punishable under section 306 of the Indian Penal Code, and within the cognizance of this Court.
(8) On section 325 — That you, on or about the _________ day of _________, at _________, voluntarily caused grievous hurt to _________ and thereby committed and offence punishable under section 325 of the Indian Penal Code, and within the cognizance of this Court.
(9) On section 392 — That you, on or about the _________ day of _________, at _________, robbed (state the name), and thereby committed an offence punishable under section 392 of the Indian Penal Code, and within the cognizance of this Court.
(10) On section 395 — That you, on or about the _________ day of _________, at _________, committed dacoity, an offence punishable under section 395 of the Indian Penal Code, and within the cognizance of this Court.
(1)(a) I, _________ (name and office of Magistrate, etc.), hereby charge you _________ (name of accused person) as follows —
(b) On section 241 First — That you, on or about the _________ day of _________, at _________ knowing a count to be counterfeit, delivered the same to another person, by name, A.B. as genuine, and thereby committed an offence punishable under section 241 of the Indian Penal Code, and within the cognizance of the Court of Session.
Secondly — That you, on or about the _________ day of _________, at _________ knowing a coin to be counterfeit attempted to induce another person, by name, A.B. to receive it as genuine, and thereby committed an offence punishable under section 241 of the Indian Penal Code, and within the cognizance of the Court of Session.
(c ) And I hereby direct that you be tried by this Court on the said charge.
(Signature and Seal of the Magistrate)
To be substituted for (b) —
(2) On section 302 and 304 First — That you, on or about the _________ day of _________, at _________ committed murder by causing the death of _________ and thereby committed an offence punishable under section 302 of the Indian Penal Code, and within the cognizance of the Court of Session.
Secondly — That you, on or about the _________ day of _________, at _________, by causing the death of _________ committed culpable homicide not amounting to murder, and thereby committed an offence punishable under section 304 of the Indian Penal Code, and within the cognizance of the Court of session.
(3) On section 379 and 382 First — That you, on or about the _________ day of _________, at _________, committed theft, and thereby committed an offence punishable under section 379 of the Indian Penal Code, and within the cognizance of the Court of session.
Secondly — That you, on or about the _________ day of _________, at _________, committed theft, having made preparation for causing death to a person in order to committing of such theft, and there by committed an offence punishable under section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.
Thirdly — That you, on or about the _________ day of _________, at _________, committed theft, having made preparation for causing restraint to a person in order to the effecting of your escape after the committing of such theft, and thereby committed an offence punishable under section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.
Fourthly — That you, on or about the _________ day of _________, at _________, committed theft, having made preparation for causing fear of hurt to a person in order to the retaining of property taken by such theft and thereby committed an offence punishable under section382 of the Indian Penal Code, and within the cognizance of the Court of Session.
(4) Alternative charge on section 193 — That you, on or about the _________ day of _________, at _________, in the course of the inquiry into _________, before _________, stated in evidence that” _________ “ and that you, on or about the _________ day of _________ at _________, in the course of the trail of _________, before _________, stated in the evidence that “ _________ “ One of which statements you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 203 of the Indian Penal Code, and within the cognizance of the Court of Session.
In cases tried by Magistrates substitute “within my cognizance”, for “within the cognizance of the Court of Session”
I, _________ (name and office of Magistrate, etc.), hereby charge you _________ (name of accused person) as follows —
That you, on or about the _________ day of _________, at _________, committed theft, and thereby committed an offence punishable under section 379 of Indian Penal Code, and within the cognizance of the Court of Session (or Magistrate, as the case may be.)
And you, the said _________ (name of accused), stand further charged that you, before the committing of the said offence, that is to say, on the _________ day of _________, had been convicted by the _________ (state Court by which conviction was had) at _________ of an offence punishable under Chapter XVII of the Indian Penal Code with imprisonment or a them of three years, that is to say, the offence of house-breaking by night _________ (describe the offence in the words used in the section under which the accused was convicted), which conviction is still in full force and effect, and that you are thereby liable to enhanced punishment under section 75 of the Indian Penal Code.
And I hereby direct that you be tried, etc.
I – Charges with One Head
(1)(a) I, _________ (name and office of Magistrate, etc.), hereby charge you _________ (name of accused person) as follows —
(b) On section 121 — That you, on or about the _________ day of _________, at _________ waged war against the Government of India and thereby committed an offence punishable under section 121 of the Indian Penal Code, and within the cognizance of this Court.
(c ) And I hereby direct that you be tried by this Court on the said charge.
(Signature and Seal of the Magistrate)
To be substituted for (b) —
(2) On section 124 — That you, on or about the _________ day of _________, at _________, with the intention of inducing the President of India or, as the case may be, the Governor of _________ (name of State) to refrain from exercising a lawful power as such President (or, as the case may be, the Governor), assaulted President (or, as the case may be, Governor), and thereby committed an offence punishable under section 124 of the Indian Penal Code, and within the cognizance of this Court.
(3) On section 161 — That you being a public servant in the _________ Department, directly accepted from _________ (state the name) for another party _________ (state the name) gratification other than legal remuneration, as a motive for forbearing to do an official act, and thereby committed an offence punishable under section161 of the Indian Penal Code, and within the cognizance of this Court.
(4) On section 166 — That you, on or about the _________ day of _________, at _________ did (or omitted to do, as the case may be), such conduct being contrary to the provisions of _________ Act _________, section _________, and known by you to be prejudicial to _________, and thereby committed an offence punishable under section 166 of the Indian Penal Code, and within the cognizance of this Court.
(5) On section 193 — That you, on or about the _________ day of _________, at _________ in the course of the trail of _________ Before _________, started in evidence that” _________ “which statement you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 203 of the Indian Penal Code, and within the cognizance of this Court.
(6) On section 304 — That you, on or about the _________ day of _________, at _________, committed culpable homicide not amounting to murder, causing the death of _________, and thereby committed an offence punishable under section 304 of the Indian Penal Code, and within the cognizance of this Court.
(7) On section 306 — That you, on or about the _________ day of _________, at _________, abetted the commission of suicide by A.B., a person in a state of intoxication, and thereby committed an offence punishable under section 306 of the Indian Penal Code, and within the cognizance of this Court.
(8) On section 325 — That you, on or about the _________ day of _________, at _________, voluntarily caused grievous hurt to _________ and thereby committed and offence punishable under section 325 of the Indian Penal Code, and within the cognizance of this Court.
(9) On section 392 — That you, on or about the _________ day of _________, at _________, robbed (state the name), and thereby committed an offence punishable under section 392 of the Indian Penal Code, and within the cognizance of this Court.
(10) On section 395 — That you, on or about the _________ day of _________, at _________, committed dacoity, an offence punishable under section 395 of the Indian Penal Code, and within the cognizance of this Court.
II – Charges with Two or More Heads
(1)(a) I, _________ (name and office of Magistrate, etc.), hereby charge you _________ (name of accused person) as follows —
(b) On section 241 First — That you, on or about the _________ day of _________, at _________ knowing a count to be counterfeit, delivered the same to another person, by name, A.B. as genuine, and thereby committed an offence punishable under section 241 of the Indian Penal Code, and within the cognizance of the Court of Session.
Secondly — That you, on or about the _________ day of _________, at _________ knowing a coin to be counterfeit attempted to induce another person, by name, A.B. to receive it as genuine, and thereby committed an offence punishable under section 241 of the Indian Penal Code, and within the cognizance of the Court of Session.
(c ) And I hereby direct that you be tried by this Court on the said charge.
(Signature and Seal of the Magistrate)
To be substituted for (b) —
(2) On section 302 and 304 First — That you, on or about the _________ day of _________, at _________ committed murder by causing the death of _________ and thereby committed an offence punishable under section 302 of the Indian Penal Code, and within the cognizance of the Court of Session.
Secondly — That you, on or about the _________ day of _________, at _________, by causing the death of _________ committed culpable homicide not amounting to murder, and thereby committed an offence punishable under section 304 of the Indian Penal Code, and within the cognizance of the Court of session.
(3) On section 379 and 382 First — That you, on or about the _________ day of _________, at _________, committed theft, and thereby committed an offence punishable under section 379 of the Indian Penal Code, and within the cognizance of the Court of session.
Secondly — That you, on or about the _________ day of _________, at _________, committed theft, having made preparation for causing death to a person in order to committing of such theft, and there by committed an offence punishable under section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.
Thirdly — That you, on or about the _________ day of _________, at _________, committed theft, having made preparation for causing restraint to a person in order to the effecting of your escape after the committing of such theft, and thereby committed an offence punishable under section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.
Fourthly — That you, on or about the _________ day of _________, at _________, committed theft, having made preparation for causing fear of hurt to a person in order to the retaining of property taken by such theft and thereby committed an offence punishable under section382 of the Indian Penal Code, and within the cognizance of the Court of Session.
(4) Alternative charge on section 193 — That you, on or about the _________ day of _________, at _________, in the course of the inquiry into _________, before _________, stated in evidence that” _________ “ and that you, on or about the _________ day of _________ at _________, in the course of the trail of _________, before _________, stated in the evidence that “ _________ “ One of which statements you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 203 of the Indian Penal Code, and within the cognizance of the Court of Session.
In cases tried by Magistrates substitute “within my cognizance”, for “within the cognizance of the Court of Session”
III – Charges for Theft after Previous Conviction
I, _________ (name and office of Magistrate, etc.), hereby charge you _________ (name of accused person) as follows —
That you, on or about the _________ day of _________, at _________, committed theft, and thereby committed an offence punishable under section 379 of Indian Penal Code, and within the cognizance of the Court of Session (or Magistrate, as the case may be.)
And you, the said _________ (name of accused), stand further charged that you, before the committing of the said offence, that is to say, on the _________ day of _________, had been convicted by the _________ (state Court by which conviction was had) at _________ of an offence punishable under Chapter XVII of the Indian Penal Code with imprisonment or a them of three years, that is to say, the offence of house-breaking by night _________ (describe the offence in the words used in the section under which the accused was convicted), which conviction is still in full force and effect, and that you are thereby liable to enhanced punishment under section 75 of the Indian Penal Code.
And I hereby direct that you be tried, etc.
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