When manner of committing offence must be stated
AI Assist
Summary
If the ordinary particulars in a charge do not give the accused enough notice of what exactly he is alleged to have done, the charge must also describe the manner in which the offence was committed. This applies when the method or precise conduct matters to the defence, for example cheating or giving false evidence. The effect is that the accused receives specific particulars to meet in his defence.
Example
Priya is accused of cheating Ravi by persuading him to pay for a fake training course. The charge must state how Priya cheated Ravi, for example by false promises or forged receipts, so she knows the specific conduct to answer. Without that manner described, the charge would not give her sufficient notice.
Bare Act
Enacted textWhen the nature of the case is such that the particulars mentioned in sections 211 and 212 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 is 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 be 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 charge and the law infringed.
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