Particulars as to time, place and person
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Summary
The charge must give enough details about the time, place and the person or thing involved so the accused knows what they are charged with. For criminal breach of trust or dishonest misappropriation of money or movable property, it is enough to specify the gross sum or describe the movable property and state the dates between which the offence is alleged, instead of listing particular items or exact dates. That date range must not exceed one year, and a charge so framed is treated as a single offence.
Example
Karan managed his employer’s petty cash and is accused of dishonest misappropriation of Rs 80,000 between April 1 and September 30. The charge can simply state the gross sum of Rs 80,000 and that the misappropriation occurred between those dates without listing every transaction. Because the period is under one year, the allegation will be treated as a single offence.
Bare Act
Enacted text(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 or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe the movable property 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 one offence within the meaning of section 242:
Provided that the time included between the first and last of such dates shall not exceed one year.
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