CHAPTER XX
CHARGES
Note:- see Schedule 111, 43.
191.
Charge to State Offence.
(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.
(6) The charge shall be written in English or when necessary in any other language
prevalent in the area.
192.
Particulars as to Time, Place and Person.
(1)
The charge shall contain such particulars as to the time and place of the alleged
offense 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 criminal
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 shall be deemed to be a charge of a single
offence.
(3) When the accused is charged with falsification of accounts under section 415 of the
Penal Code it shall be sufficient to allege a general intent to defraud without naming
any particular person intended to be defrauded to be the subject of the fraud or any
particular day on which the offence was committed.
193.
When Manner of Committing Offence must be stated.
When the nature of the case is such that the particulars mentioned in sections 191 and 192
do not give the accused sufficient notice of the matter with which he is charged the
charge shall also contain such particulars of the manner in which the alleged offence was
committed as will be sufficient for that purpose.
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