Question: A is accused of theft of a certain article at a certain time and place. Is it necessary to set out in the charge, the manner in which the theft was effected? [WB J.S. 1996] Find the answer only on Legal Bites. [A is accused of theft of a certain article at a certain time and place.… Read More »

Question: A is accused of theft of a certain article at a certain time and place. Is it necessary to set out in the charge, the manner in which the theft was effected? [WB J.S. 1996] Find the answer only on Legal Bites. [A is accused of theft of a certain article at a certain time and place. Is it necessary to set out in the charge, the manner in which the theft was effected?] Answer Section 213 in the Code of Criminal Procedure, 1973 lays down provisions regarding when the manner of...

Question: A is accused of theft of a certain article at a certain time and place. Is it necessary to set out in the charge, the manner in which the theft was effected? [WB J.S. 1996]

Find the answer only on Legal Bites. [A is accused of theft of a certain article at a certain time and place. Is it necessary to set out in the charge, the manner in which the theft was effected?]

Answer

Section 213 in the Code of Criminal Procedure, 1973 lays down provisions regarding when the manner of committing offence must be stated. It states that

“When 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 in which the alleged offence was committed as will be sufficient for that purpose.”

The facts of the present case at hand are borrowed from the illustration (a) appended to section 213 of the code. According to the facts, 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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Updated On 2022-05-30T05:57:37+05:30
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