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The document outlines the requirements for charging an accused person under criminal law, including the necessity to specify the offence, reference the relevant law, and state any previous convictions that may affect sentencing. It emphasizes that separate charges must be filed for distinct offences, while allowing for the joinder of similar offences committed within a year. Additionally, it details the conditions under which multiple offences can be tried together if they are part of the same transaction or fall under multiple definitions of the law.

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Moe Yan Htet
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2 views

TutorialXifi

The document outlines the requirements for charging an accused person under criminal law, including the necessity to specify the offence, reference the relevant law, and state any previous convictions that may affect sentencing. It emphasizes that separate charges must be filed for distinct offences, while allowing for the joinder of similar offences committed within a year. Additionally, it details the conditions under which multiple offences can be tried together if they are part of the same transaction or fall under multiple definitions of the law.

Uploaded by

Moe Yan Htet
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Form of Charge

Charge to state offence.


(1) Every charge under this Code shall state the offence with which the accused is
charged.
Specific name of offence sufficient doeliscriptions
(2) If the law which creates the offence gives if any specific name, the offence may be
described in the charge by that name only.
How stated where offence had no specific name.
(3) If the law which creates the offence does not give it any specific name, so much of the
definition of the offence must be stated as to give the accused notice of the matter with which
he is charged.
(4) The law and section of the law against which the offence is said to have been committed
shall be mentioned in the charge.
What implied in charge.
(5) The fact that the charge is made is equivalent to a statement that every legal condition
required by law to constitute the offence charged was fulfilled in the particular case.
Language of charge. Previous conviction when to be set out.
(6) The charge shall be written in the language of the Court.
(7) If the accused, having been previously convicted of any offence, is liable, by reason of
such previous conviction, to enhanced punishment, or to punishment of a different kind, for a
subsequent offence, and it is intended to prove such previous conviction for the purpose of
affecting the punishment which the Court may think fit to award for the subsequent offence,
the fact, date and place of the previous conviction shall be stated in the charge. If such
statement has been omitted, the Court may add it at any time before sentence is passed. 1
Illustrations
(a) A is charged with the murder of B. This is equivalent to a statement that A’s act fell
within the definition of murder given in sections 299 and 300 of the Penal Code; that it did
not fall within any of the general exceptions of the same Code: and that it did not fall within
any of the five exceptions to section 300, or that, if it did fall within Exception I, one or other
of the three provisos to that exception applied to it.
(b) A is charged, under section 326 of the Penal Code, with voluntarily causing grievous hurt
to B by means of an instrument for shooting. This is equivalent to a statement that the case
was not provided for by section 335 of the Penal Code, and that the general exception did not
apply to it.

1
Section 221 of the Code of Criminal Procedure
(c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or
using a false property-mark. The charge may state that A committed murder, or cheating, or
theft, or extortion, or adultery, or criminal intimidation, or that he used a false property-mark,
without reference to the definitions of those crimes contained in the Penal Code; but the
sections under which the offence is punishable must in each instance, be referred to in the
charge.
(d) A is charged, under section 184 of the Penal Code, with intentionally obstructing a sale of
property offered for sale by the lawful authority of a public servant. The charge should be in
those words.
In the case of Daw Mya Oo vs The Union of Myanmar 2, in criminal proceedings, if
the testimony of the witnesses indicates that the accused is guilty of the crime, charges must
be filed. There is no legal prohibition against filing a criminal charge because there is already
a civil lawsuit.
In criminal proceedings, the complainant has the burden of proving the charges and
the court must consider whether to press charges.3
Joinder of Charges
Separate Charges for distinct offences.
For every distinct offence of which any person is accused there shall be a separate
charge, and every such charge shall be tried separately, except in the cases mentioned in
sections 234, 235, 236 and 239.4
Illustration
A is accused of a theft on one occasion, and of causing grievous hurt on another occasion A
must be separately charged and separately tried for the theft and causing grievous hurt.
It is not lawful to jointly tried the cases that arise from separate events rather than
from a single incident. According to section 233 of the Criminal Procedure Code, every
distinct offence of which any person is accused there shall be a separate charge, and every
such charge shall be tried separately, except in the cases mentioned in sections 234, 235, 236
and 239. The joint trial of a case that should have been prosecuted separately is illegal and
therefore null and void from the start.5
Three offences of same kind within year may be charged together.
When a person is accused of more offences than one of the same kind committed
within the space of twelve months from the first to the last of such offences, whether in
respect of the same person or not, he may be charged with and tried at one trial for any
number of them not exceeding three.
(2) Offences are of the same kind when they are punishable with the same amount of
punishment under the same section of the Penal Code or of any special or local law:
2
1991, M.L.R,p.113
3
U Ba Sein vs The Socialist Republic of The Union of Burma
4
Section 233 of the Code of Criminal Procedure Code
5
U Kyaw Myint vs The Union of Myanmar, 2012,M.L.R p.1
Provided that, for the purpose of this section, an offence punishable under section 379 of the
Penal Code shall be deemed to be an offence of the same kind as an offence punishable under
section 380 of the said Code, and that an offence punishable under any section of the Penal
Code, or of any special or local law, shall be deemed to be an offence of the same kind as an
attempt to commit such offence, when such an attempt is an offence.6
In the case of U Tha Hlaing V. The Union of Myanmar 7, it was held that the charges
in the present case having combined more than three offences of the same kind in direct
contravention of s. 234 of the Code the trial was conducted in a manner not warranted by the
Criminal Procedure Code and was wholly bad irrespective of the question whether there was
any actual prejudice to the accused or not.

Trial for more than one offence.


If, in one series of acts so connected together as to form the same transaction, more
offences than one are committed by the same person, he may be charged with, and tried at
one trial for, every such offence.
(2) If the acts alleged constitute an offence falling within two or more separate definitions of
any law in force for the time being by which offences are defined or punished, the person
accused of them may be charged with, and tried at one trial for, each of such offences.
(3) If several acts, of which one or more than one would by itself or themselves constitute an
offence, constitute when combined a different offence, the person accused of them may be
charged with, and tried at one trial for, the offence constituted by such acts when combined,
and for any offence constituted by any one or more of such acts.
(4) Nothing contained in this section shall affect the Penal Code, section 71.8
Illustrations
(a) A recues B, a person in lawful custody, and in so doing causes grievous hurt to C a
constable in whose custody B was. A may be charged with, and convicted of, offences under
sections 225 and 333 of the Penal Code.
(b) A commits house-breaking by day with intent to commit adultery, and commits in the
house so entered adultery with B’s wife. A may be separately charged with, and convicted of,
offences under sections 454 and 497 of the Penal Code.

6
Section 234 of the Code of Criminal Procedure
7
1958, B.L.R, S.C, 182
8
Section 235 of the Code of Criminal Procedure

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