Words in charge taken in sense of law under which offence is punishable
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Summary
Words used in a charge are to be understood by the meanings given to them in the law that creates the offence. When a charge is framed, the court applies the statutory definitions rather than ordinary language. This ensures the charge reflects the legal elements the prosecution must prove.
Example
Ravi is charged with 'house trespass' for entering a neighbour's home. The penal law defines 'house trespass' to require entry with intent to commit an offence. Under this section the charge must be read with that statutory meaning, so the prosecution must prove the specific intent described by the law.
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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