When manner of committing offence must be stated
AI Assist
Summary
When the usual particulars do not give the accused enough notice of the conduct charged, the charge must also state the specific manner in which the offence is alleged to have been committed. This is required where the mode of doing the act matters to the accusation, for example cheating or giving false evidence. If the manner is immaterial, it need not be set out.
Example
Priya paid Arjun money for a flat and says he induced her by false promises and fake papers. Because cheating depends on how she was deceived, the charge must specify the manner of the deception (what false statements or documents were used).
Bare Act
Enacted textWhen the nature of the case is such that the particulars mentioned in sections 234 and 235 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.
Illustrations.
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(a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected.
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(b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B.
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(c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false.
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(d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions.
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(e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B.
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(f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the disobedience charged and the law infringed.
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