(Solved) 13th BJS Written Exam | Laws relating to Crimes | Question no. 1

Solved By: Md Asibur Rahman

Question

l.(a)What is the effect of errors in a charge? When can a charge be altered? When can an accused charged of one offence be convicted of another offence? Answer with illustrations. 12

(b) A is charged with the murder of Khoda Baksh on 21/09/2018. In fact the murdered person's name
was Haider Baksh and.the date of the murder was 22/09/2018. A was charged with one murder only
and he knows with certainty that it was the murder of Haider Baksh. Is it reasonable toconvict A on

the basis of such charge? Discuss. 8

1.(a)-Answer:

The effect of errors of charge is discussed in s.225 and s.232 of CrPC. It is mentioned in s.225 that if the errors or omission of charge in a particular offense doesn't mislead the accused in defense and if such error or omission does not occasion the failure the justice, therefore, it won't be deemed as important for taking into consideration.

It is mentioned in s.232 of CrPC that, if the appellate court or the high court division in the exercise of revision or confirming of the conviction think that for the error or omission the accused misled in his defense then the court can order for a new trial as it thinks fit. If the court in the opinion that no valid charge could be preferred against the accused then the conviction of the accused can be quashed.

When a charge can be altered:

It is mentioned in s.227 of CrPC that a charge can be altered or added by any court at any time before the judgment. But the alteration or addition must be read and explained to the accused.

An accused charged of an offense can be convicted of another offense:
According to s.237 of CrPC if an accused charged for an offense and in the evidence it is proved that he has committed another offense under which he should have charged then he could be convicted for the particular offense proved, although he was not charged for that offense.

Illustration: suppose, it is suspected that whether the accused has committed theft or breach of trust, in that scenario if he charged for theft and later it is proved that he has committed a breach of trust, therefore, he can be convicted for breach of trust.

1.(b)-Answer:
The question is whether it is justified to convict A on basis of such charge?

The answer is yes. As we have already discussed in s.225 that if such error or omission of such charge doesn't mislead the accused in defense and doesn't occasion the failure of justice it need not necessary to take into consideration. Here in the given fact the name of the victim and date slightly changed but A has committed the murder. So it wouldn't be unreasonable to convict A on basis of such charges.

Writer

Apprentice- Dhaka Judge Court

LLB- University of London,

LLM- Bangladesh University of Professionals

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