THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
OF THE CHARGE
Form of Charges
221. Charge to state offence. (1) Every charge under this Code shall state the
offence with which the accused is charged.
(2) Specific name of offence
sufficient description. 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) How stated where offence has
no specific name. 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) What implied in charge. 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 particulars case.
(6) Language of charge. The charge shall be written either in English or in
the language of the Court.
(7) Previous conviction when to
be set out. 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. If such statement has been omitted the Court may add it 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 299 and 300 of the
Pakistan Penal Code; that it did not fall within any of the general exceptions
of the same Code; and that it did not fall within any of the five exceptions to
Section 300, or that, if it did fall within Exception I, one or other of the
three provisos to that exception apply to it.
(b) A
is charged, under Section 326 of the Pakistan Penal Code, 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 335 of
the Pakistan Penal Code, 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 Pakistan Penal Code; 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 184 of the Pakistan Penal Code 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.