(1) Every charge under this Sanhita shall state the offence with which the accused
is charged.
(2) If the law which creates the offence gives it any specific name, the offence may be
described in the charge by that name only.
(3) If the law which creates the offence does not give it any specific name, so much of
the definition of the offence must be stated as to give the accused notice of the matter with
which he is charged.
(4) The law and section of the law against which the offence is said to have been
committed shall be mentioned in the charge.
(5) The fact that the charge is made is equivalent to a statement that every legal
condition required by law to constitute the offence charged was fulfilled in the particular
case.
(6) The charge shall be written in the language of the Court.
(7) If the accused, having been previously convicted of any offence, is liable, by
reason of such previous conviction, to enhanced punishment, or to punishment of a different
kind, for a subsequent offence, and it is intended to prove such previous conviction for the
purpose of affecting the punishment which the Court may think fit, to award for the
subsequent offence, the fact, date and place of the previous conviction shall be stated in
the charge; and if such statement has been omitted, the Court may add it at any time before
sentence is passed.
Illustrations.
(a) A is charged with the murder of B. This is equivalent to a statement that A’s act fell
within the definition of murder given in sections 98 and 99 of the Bharatiya Nyaya Sanhita,
2023; that it did not fall within any of the general exceptions of the said Sanhita; and that it
did not fall within any of the five exceptions to section 99, or that, if it did fall within
Exception 1, one or other of the three provisos to that exception applied to it.
(b) A is charged under section 116 of the Bharatiya Nyaya Sanhita, 2023, with
voluntarily causing grievous hurt to B by means of an instrument for shooting. This is
equivalent to a statement that the case was not provided for by section 120 of the said
Sanhita, and that the general exceptions did not apply to it.
(c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation,
or using a false property-mark. The charge may state that A committed murder, or
cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false
property-mark, without reference to the definitions, of those crimes contained in the Bharatiya
Nyaya Sanhita, 2023; but the sections under which the offence is punishable must, in each
instance be referred to in the charge.
(d) A is charged under section 220 of the Bharatiya Nyaya Sanhita, 2023, with
intentionally obstructing a sale of property offered for sale by the lawful authority of a
public servant. The charge should be in those words.
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