Particulars of Charge in CrPC: Key Essentials

The particulars in the charge could have been made to fit in into the evidence, if the Magistrate had amended the charge under the powers vested in him by section 172 of the Criminal Procedure Code. ... Where a charge does not contain proper particulars a Magistrate has the power under section 172 of the Criminal Procedure Code to amend the Charge-Omission to state particul....

Kurunegala, 25,448 Charge-Duplicity-Particulars of offence-Motor Traffic Act, No. 14 of 1951, s. 153 (2)-Criminal Procedure Code, s. 169. ... There is nothing in the nature of this case which requires particulars of the manner in which the offence was committed. The manner is manifest in the charge. ... Section 169 of the Criminal Procedure Code states that when the nature of the case is such that the parti....

High Court Sabah & Sarawak Labuan

or the particulars required to be stated in the charge, and not the error in stating the ingredients of an offence. ... in particulars. ... No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars shall be regarded, at any stage of the case, as material unless the accused was in fact misled b....

2024 0 Supreme(All) 1192

In spite of all this no one cared to inform him of the facts, circumstances and particulars relevant to the charges. ... We also find that alongwith the charge-sheet dated 31-1-1989 no statement of imputations giving the particulars of the loan accounts or the names of the borrowers, the amounts of loans sanctioned, disbursed and misappropriated were furnished to the appellant, and yet the disciplinary authority has called ... It was furthe....

Hatton, 13,733 Protection of Produce Ordinance (Cap. 28), Section 4-Charge of unlawful possession of tea leaf-Particulars which such charge should contain. ... The need for giving particulars of the circumstances in the charge becomes apparent when one considers that it ought to be open to an accused person upon being charged to submit that on the facts set out in the charge#HL_....

2024 Supreme(SRI)(CA) 431

However, where it is possible to specify precisely the necessary particulars of the date of offence, the prosecution ought to mention the said particulars in the charge, but where the said particulars cannot be precisely specified in the charge having regard to the nature of the information available ... to the prosecution, the failure to mention such particulars will not invalidate the ....

Gampaha, 24,378 Charge-Alternative charge-Duplicity-Particulars of offence-Motor Traffic Act No. 14 of 1951, ss. 153 (2), 153 (3), 219 (1), 219 (2)-Criminal Procedure Code s. 169. ... Obeysekera, I think this is a case where particulars setting out the details of each offence should have been mentioned in the charge. ... Obeyesekera raised certain legal objections to the charge itse....

Crown Counsel apparently argued that Section 187 of the Code does not require a charge to be written, that although in this case the Magistrate was bound to frame a charge himself and not merely to read particulars from the police report, he could nevertheless have framed it " mentally", and that ... If his intention was that the blank for would be filled up later, what guarantee was there that the particulars filled ....

Court of Appeal Putrajaya

Under s 154 of the CPC, the charge should contain particulars of how the alleged offence was committed if the particulars mentioned under ss 152 and 153 do not give the accused sufficient notice of the matter he is charged with. The format of a charge is provided in Form 27 in the CPC. ... It is, therefore, optional for the sentence of the offence to be stated in the charge form, for it does not form part....

2024 0 Supreme(All) 742

The aforesaid material particulars would be necessary at the time of framing of charge. Once the material particulars are missing then in the event the trial is proceeded with the same would be in violation of the mandate under section 212 and 213 of the Cr.P.C. ... Section 212 of the criminal procedure code mandates that the charge shall contain such particulars as to the time and place of the alleged of....

2019 0 Supreme(Mad) 1440

2. A statement of the law and the section of the law against which the offence is said to have been committed. The object of such statement is to enable the accused person to know the substantive charge, he will have to meet and to be ready for it before the evidence is given. Every charge must contain the following particulars: 1. A statement of the offence with which the accused is charged.

2014 0 Supreme(Bom) 1044

5. Detailed particulars are matter of record in the charge sheet.

2008 0 Supreme(Del) 981

(5) The particulars in one charge may be framed wholly or partly by a reference to the particulars in another charge, and in that case so much of the latter particulars in another charge, and in that case so much of the latter particulars as are so referred to, shall be deemed to form part of the first mentioned charge as well as of the other charge. (6) Where it is intended to prove any fact in respect of which any deduction from pay and allowances can be awarded as a conseq....

1999 0 Supreme(Bom) 746

It is significant to note that the respondent No. 1 the concerned driver did not submit his written explanation to deny the charges. He was called upon to attend a departmental enquiry which was proposed by the Management against him. He was served with a charge-sheet for the alleged misconduct under Standing Orders 20(1)(k) for the alleged incident which took place on 14-10-1982. In the charge-sheet all the relevant details and particulars were given.

1989 0 Supreme(Del) 186

(6) Where it is intended to prove any facts in respect of which any deduction from pay and allowances can be awarded as a consequence of the offence charged, the particulars shall state those facts and the sum of the loss or damage it is intended to charge." The particulars shall state such circumstances respecting the alleged offence as will enable the accused to know what act, neglect or omission is intended to be proved against him as constituting the offence. (5) The particulars ....