Criminal Procedure Code · Updated to 1 May 2023 · Chapter XVIII · The Charge
152. Form of charge
Feedback & supportEvery charge under this Code shall state the offence with which the accused is charged.
offence
“offence” means any act or omission made punishable by any law for the time being in force;
If the law which creates the offence gives it any specific name the offence may be described in the charge by that name only.
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.
The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.
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.
If the accused has been previously convicted of any offence, and it is intended to prove that previous conviction for the purpose of increasing the punishment which the Court is competent to award, the fact, date and place of the previous conviction shall be stated in the charge. If the statement is omitted the Court may add it at any time before sentence is passed.
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
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
104
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 1, one or other of the three provisos to that exception applied to it.
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 exceptions did not apply to it.
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 or theft or 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; but the sections under which the offence is punishable must in each instance be referred to in the charge.
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.