Section 152
Form of charge
(1)
Every charge under this Code shall state the offence with which the accused is charged.
(2)
If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.
(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.
(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.
Criminal Procedure Code
CAP. 7 107
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
(Chapter 22); 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 one, one or other of the three provisos to that exception applied to it.
@)
A is charged under section 326 of the Penal Code (Chapter 22) 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 vrovided for by section 335 of the Penal Code (Chavter 22)
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and that the general exceptions did not apply to it.
(c)
A is accused of murder, cheating, theft, extortion, criminal intimidation, or using a false property mark. The charge may state that A committed murder or cheating, theft, extortion or criminal intimidation or that he used a false property mark without reference to the definitions of those crimes contained in the Penal Code (Chapter 22); 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 (Chapter 22) 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.
Particulars as to time, place and person 153.
(1)
The charge shall contain such particulars as to the time and place of the alleged offence and the person, if any, against whom or the thing, if any, in respect of which it was committed as are reasonably sufficient to give the accused notice of the matter with which he is charged.
(2)
When the accused is charged with criminal breach of trust or dishonest misappropriation of money, it shall be sufficient to specify the gross sum in respect of which the offence is alleged to have been committed and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed is deemed to be a charge of one offence within the meaning of section 165:
Provided that the time included between the first and last of such dates shall not exceed one year.
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