Question: A is accused of an attempt to commit the offence of cheating. Is it necessary for the trial court to mention the manner of cheating while the court is framing a charge against the accused? Give reasons and refer to the case law, if any, on this point. Find the answer only on Legal Bites. [A is… Read More »

Question: A is accused of an attempt to commit the offence of cheating. Is it necessary for the trial court to mention the manner of cheating while the court is framing a charge against the accused? Give reasons and refer to the case law, if any, on this point. Find the answer only on Legal Bites. [A is accused of an attempt to commit the offence of cheating. Is it necessary for the trial court to mention the manner of cheating while the court is framing a charge against the accused?...

Question: A is accused of an attempt to commit the offence of cheating. Is it necessary for the trial court to mention the manner of cheating while the court is framing a charge against the accused? Give reasons and refer to the case law, if any, on this point.

Find the answer only on Legal Bites. [A is accused of an attempt to commit the offence of cheating. Is it necessary for the trial court to mention the manner of cheating while the court is framing a charge against the accused? Give reasons and refer to the case law, if any, on this point.]

Answer

Attempt to commit an offence, therefore, can be said to begin when the preparations are complete and the culprit commences to do something with the intention of committing the offence and which is a step towards the commission of the offence.

The first step in the commission of the offence of cheating, therefore, must be an act which would lead to the deception of the person who sought to be cheated. The moment a person takes some step to deceive the person who sought to be cheated, he has embarked on a course of conduct which is nothing less than an attempt to commit the offence, as contemplated by Section 511 of IPC. He does the act with the intention to commit the offence and the act is a step towards the commission of the offence.

Section 213 in the Code of Criminal Procedure, 1973 lays down provisions as to when the manner of committing an 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.”

Thus, by virtue of section 213 of the code, it becomes necessary for the trial court to mention the manner of cheating while the court is framing a charge against the accused.


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Updated On 2022-05-30T05:56:47+05:30
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