CHARGE SHEETS
WHAT IS A CHARGE SHEET
In a civilian context, a charge sheet is an official document on which a police officer records the
details of the crime a person is accused of. In the military context too, a charge sheet plays the
same role, however, is drafted by the military police and not the civilian police.
REGULATIONS FOR DRAFTING A CHARGE SHEET
Regulation Rule Provision Examples
CMR 19 19(1)(b)(i) Name and Description
of the person charged
(rank, name, corps)
19(1)(b)(i) How the perpetrator is Being an officer of the Regular
amenable to military Force is charged with …………..
law
a. Reg Force – At all
times
An officer in the
Regular Force when not
on Active Service Being an officer of the Volunteer
Force Whilst on Active Service
b. Reg Res, Volunteer (WOAS) is charged with
Forces, Volunteer …………..
Reserve – Whilst on
Active Service (WOAS)
only.
An officer in the Vol
Force when on active
service
Army Act S.57 Trial of offenders who An officer in the Regular Force
have ceased to be who had retired
subject to military law:
Such a person is Being an officer of the Regular
charged as per his last Force in terms of S. 57 is charged
Army rank he held in with ……..
the Army.
A Major of the Reg Force who
was cashiered earlier for an
offence and now trying for 2 nd
offence
Being a person subject to military
law in terms of S. 57 of the AA is
charged with …………..
CMR 19(1)(b)(ii) Each charge shall You are charged with
specify one offence DESERTION under S. 103 or
only. In no case shall an AWOL under S. 106: NOT
offence be described in ALLOWED
the alternative in the
same charge
19(1)(b)(iii)(a) The statement of the Striking a senior officer,
offence (WHAT HE desertion, mutiny, rape etc.
DID) - in the words of
the Army Act. Situation 01
Absent Without Leave – S. 106(a)
(words in the margin of the Army
Act Section)
Situation 02
DRUNKENNESS - S. 110
(S.106(a) (words in the margin of
the Army Act Section)
Situation 03
AA S. 97(3)(a) - Discharging a
firearm negligenty
19(1)(b)(iii)(b) The statement of the Did say “Rot in hell,
particulars of the act, motherfucker,”
neglect, or omission
constituting the offence failed to report for duty at 0800
(HOW HE DID) hrs on 01.01.2024 and reported on
0800 hrs 05.01.2024.
Situation 01
You failed to report for duty at
KDU at 0800 hrs on 01.01.2000
and remained absent until you
reported at KDU at 0800 hrs on
05.01.2000
Situation 02
You on 01.01.2024 at 2200 hrs
found under the influence of
liquor at the staff parade of KDU
OFFENCES PUNISHABLE
MORE SEVERELY ON
ACTIVE SERVICE THAN AT
OTHER TIMES:
Situation 03
In that you on 01.01.2024 at 0800
hrs negligently discharged a T-56
Round.
CMR 19(1)(b)(iv) The offence shall be AWOL
stated, if not a civil
offence in the words of
the Army Act
if a civil offence, in Committing the civil offence of
such words as describe MURDER.
that offence but not Committing the civil offence of
necessarily in technical ROBBERY
words.
19(1)(b)(v) The particulars shall Using insubordinate language
state such circumstances on a superior officer:
respecting the alleged You did use the words on Sgt A
offence as will enable ‘you bastard I am not scared of
the accused to know you’ or words to that effect.
every act, neglect or
omission which it is Sleeping at a guard post :
intended to be proved Whilst detailed to perform sentry
against him as duties at No 1 Gate KDU you on
constituting the offence. 01.01.2024 at 0100 hrs found
sleeping by the Duty office
Captain Wilkinson.
19(1)(b)(vi) The particulars in on 1 st Charge You on 01.01.2024 at
charge may be framed 2000 hrs were found in a state of
wholly or partly by a drunkenness at the Cadet mess
reference to the KDU. 2 nd Charge You at the
particulars in another same time and place aforesaid
charge. attempted to outrage the modesty
of lady officer cadet Malakolum
by pulling her hand
Any deduction from the Causing a damage of Rs. 50,000/-
pay, particulars of the to Yuha 1020 vehicle due to
facts. negligent driving.
Casing a loss of Rs. 50/- due to
negligent discharge of a 7.62 x 39
mm round
Criminal S.173 For every distinct
Procedure offence , there shall be
Code separate charge except
in cases under S. 174, S.
JOINDER 175, S. 176 and S. 180.
OF
CHARGES
S. 174(1) One of the same kind
committed within the
space of 12 months
from the first to the last
of such offences, upto 3
charges.
S. 175(1) One series of acts A rescues B from a police
connected together as to officer’s lawful custody. - In
form the same doing so A causes grievous hurt
transaction. (different police officer C.
offences committed in A may be charged for,
the same transaction) Penal Code. S. 220 – Resistance
to lawful custody
S. 324 – Causing grievous hurt
S. 175(2) If the acts alleged an A strikes B with a cane. A can be
offence falling within charged with
two or more definitions Penal Code S. 343 assaults or
of the law uses criminal force to any person.
Penal Code S. 314 Voluntarily
causing hurt.
S. 175(3) An act by itself A Commits Robbery on B. In
constitute an offence doing so causes hurt to B.
but when two or more A can be charged for, Penal Code
acts combined together S. 314: voluntarily causing hurt,
constitute a different Penal Code S. 380 Robbery,
offence. Penal Code S. 382 Voluntarily
causing hurt in committing
robbery
S. 176 Where it is doubtful A is accused of an act which may
what offence has been amount to theft or receiving
committed stolen property or criminal breach
When it is doubtful of trust (CBT) or cheating.
which of the several A can be charged for
offences, the accused a. Theft, receiving stolen
can be charged all or property, CBT and cheating. or
any one or more of b. Theft or
offences. c. CBT and cheating
S.180 All persons concerned a. A and B are accused of the
in committing an murder of X.
offence may be charged - A and B may be tried
together. together
b. A and B are accused of robbery
in the course of which B
committed the murder of C.
- A and B both can be
charged with robbery.
- B alone can be charged for
murder.
CHARGE SHEET FORMAT
Being an (officer/soldier) of the (Regular Force, Regular Reserve, Volunteer Force,
Volunteer Reserve) whilst on Active Service (WOAS) is charged with:
● Marginal note in the Army Act Section
In that you:
(here describe how he committed the offence)
On (Date) at (time) at (Place) did
● (here describe how he committed the offence)
Thereby committing an offence punishable under S. (Punishment Section) of the Army Act No.
17 of 1949.
Notes:
● Only these three points are to be written; all other particulars are printed.
● For certain cases, time is not material (e.g., Fraud: Between the period 01.01.2024 to
01.03.2024).
● If the date is not certain, use "on or about 01.03.2024."CHARGE SHEET EXAMPLE
ALTERNATIVE CHARGES
Alternative charges in charge sheets are made by numbering, as multiple charges. (Charge 1,
charge 2 etc)
CIVIL OFFENCES IN CHARGE SHEETS
Civil offences are listed out in a similar manner to military offences, though it is specified that
the offence is punishable both by military and civilian law.(Punishable by s.296 of the penal
code, read with S. 131 of the Army Act)
JOINDER OF CHARGES
Means, to put multiple charges in one charge sheet. (for regulations, refer table above)
DRAFTING A NEW CHARGE SHEET
David Perera v. The Attorney General and Another stated that Compliance with sections 182(1)
and (2) of the Code of Criminal Procedure Act is imperative. When an amended plaint is filed, a
fresh charge sheet should be framed and read out to the accused. Failure to do so vitiates the
conviction. Abdul Sameem v. The Bribery Commissioner held a similar view.
