41
Charge sheet
145.(1) In order to record the charge and draft the charge sheet, the
Magistrate shall ascertain the satisfaction of all the ingredients
and conditions required by the law.
(2) The charge sheet shall set forth the offence, attributed to the
accused, by mentioning the essential elements, and name
thereof, and the section and the provision of the law, which the
offence is alleged to have been committed, in contravention
thereof.
(3) Where it transpires, from the nature of the criminal suit, that the
details mentioned in sub-section (2), do not suffice to bring to
the accused’s knowledge of such charge, as may be attributed
to him, the charge sheet shall contain, likewise, the details
pertaining to the manner, in which the alleged offence has been
committed, the time and place thereof, and the tool used therein
and the victim.
Charge sheet dispensed with
146.
The court may, where it deems that the charge preferred by the
Prosecution is sufficient, dispense with drafting the charge
sheet, and address the accused directly with the charge, to
reply to the same.
Amendment of the charge sheet
147.(1) The court, whenever it deems the same fit, during the trial, may
amend the charge sheet, by addition, or omission, or redraft the
same afresh.
(2) The court shall read the amended, or new charge sheet, to the
accused, and take his reply thereto.
(3) The court may, upon amendment, or redrafting the charge
sheet, order new trial, adjourn the trial, to such period, as it may
deem fit, or continue in the trial, where the same does not
prejudice the prosecution, or defense case.
(4) Whenever the court amends, or redrafts the charge sheet, it
shall allow the representative of the prosecution, and the
accused, to call any witness, who has previously been
examined, where it deems the same necessary, for
achievement of justice.
Similar offences
148.
Whenever a person has been charged with several offences,
having one characteristic, or similar characteristics, he may be
charged, and tried in one trial, for any number thereof. Where the
court deems that the accused may be unable to defend himself,
by reason of such procedure, or that the same may lead to
dalaying the trial procedure, it may order a separate trial, for any
of the said charges.
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières