Words in charge taken in sense of law under which offence is punishable
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Summary
Words used in a criminal charge are to be read with the meaning the law that creates the offence gives them. If a term in the charge has a statutory definition, that legal meaning governs how the accused is to be understood and tried. This prevents ordinary-language meanings from changing the legal scope of the charge.
Example
Priya is charged with 'theft' for moving goods from a shared store. The statute defines 'theft' to require dishonest removal, not every disputed transfer. Under this rule the court will read 'theft' according to the statute, not ordinary usage.
Bare Act
Enacted textIn every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.
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