§ 123 — Form of charge

123.—(1) Every charge under this Code must state the offence with which the accused is charged.(2) If the law that creates the offence gives it any specific name, the offence may be described in the charge by that name only.

(3) If the law that 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 the accused is charged.

(4) The provision of the law against which the offence is said to have been committed must be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement that the case fulfils every legal condition required by law to constitute the offence charged.

(6) If the accused has been previously convicted of any offence and it is intended to prove that previous conviction for the purpose of affecting the punishment which the court is competent to award, the fact, date and place of the previous conviction must be stated in the charge; but if the statement is 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 in section 300 of the Penal Code 1871; that A did not come within any of the general exceptions in Chapter 4 of that Code; and that it did not fall within any of the Exceptions to section 300 or that, if it did fall within Exception 1, one or other of the 3 provisos to that Exception applied to it.

(b)

A is charged under section 326 of the Penal Code 1871 with voluntarily causing grievous hurt to B by using an instrument for shooting. This is equivalent to a statement that section 335 of that Code and the general exceptions in Chapter 4 of that Code did not apply to it.

(c)

A is accused of murder, cheating, theft, extortion, criminal intimidation or using a false property mark. The charge may state, without referring to the definitions of those offences in the Penal Code 1871, that A committed murder or cheating or theft or extortion or criminal intimidation or that A used a false property mark, but the charge must refer to the section under which each offence is punishable.

(d)

A is charged under section 184 of the Penal Code 1871 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.

(6A) If the accused is subject to a remission order made under the Prisons Act 1933 and it is intended to prove the remission order for the purpose of affecting the punishment the court is competent to award, the charge must state —(a)

the fact of the remission order; and

(b)

the remaining duration of the remission order on the date of the offence stated in the charge,

but if the statement is omitted, the court may add it at any time before sentence is passed.

[1/2014]

(7) All charges upon which persons are tried before the General Division of the High Court must be —(a)

in accordance with the prescribed form;

(b)

brought in the name of the Public Prosecutor; and

(c)

signed by the Public Prosecutor or by some person authorised by the Public Prosecutor in that behalf and in the latter case, the words “By authority of the Public Prosecutor” must be prefixed to the signature.[40/2019]

—(1) Every charge under this Code must state the offence with which the accused is charged.

(2) If the law that creates the offence gives it any specific name, the offence may be described in the charge by that name only.

(3) If the law that 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 the accused is charged.

(4) The provision of the law against which the offence is said to have been committed must be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement that the case fulfils every legal condition required by law to constitute the offence charged.

(6) If the accused has been previously convicted of any offence and it is intended to prove that previous conviction for the purpose of affecting the punishment which the court is competent to award, the fact, date and place of the previous conviction must be stated in the charge; but if the statement is 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 in section 300 of the Penal Code 1871; that A did not come within any of the general exceptions in Chapter 4 of that Code; and that it did not fall within any of the Exceptions to section 300 or that, if it did fall within Exception 1, one or other of the 3 provisos to that Exception applied to it.

(b)

A is charged under section 326 of the Penal Code 1871 with voluntarily causing grievous hurt to B by using an instrument for shooting. This is equivalent to a statement that section 335 of that Code and the general exceptions in Chapter 4 of that Code did not apply to it.

(c)

A is accused of murder, cheating, theft, extortion, criminal intimidation or using a false property mark. The charge may state, without referring to the definitions of those offences in the Penal Code 1871, that A committed murder or cheating or theft or extortion or criminal intimidation or that A used a false property mark, but the charge must refer to the section under which each offence is punishable.

(d)

A is charged under section 184 of the Penal Code 1871 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.

(6A) If the accused is subject to a remission order made under the Prisons Act 1933 and it is intended to prove the remission order for the purpose of affecting the punishment the court is competent to award, the charge must state —(a)

the fact of the remission order; and

(b)

the remaining duration of the remission order on the date of the offence stated in the charge,

but if the statement is omitted, the court may add it at any time before sentence is passed.

[1/2014]

(7) All charges upon which persons are tried before the General Division of the High Court must be —(a)

in accordance with the prescribed form;

(b)

brought in the name of the Public Prosecutor; and

(c)

signed by the Public Prosecutor or by some person authorised by the Public Prosecutor in that behalf and in the latter case, the words “By authority of the Public Prosecutor” must be prefixed to the signature.[40/2019]