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Section history

Section 125 — When manner of committing offence must be stated

As in force on 17 June 2024.

Timeline 3 versions
  1. 2 January 2011 Enacted
  2. 31 December 2021 Revised edition
  3. 17 June 2024 You are here
  4. 17 August 2026 Latest
125.When manner of committing offence must be stated

If the particulars mentioned in sections 123 and 124 do not give the accused sufficient notice of what the accused is charged with, then the charge must also give details of how the alleged offence was committed as will be sufficient for that purpose.

Illustrations

(a) A is accused of theft of a certain article at a certain time and place. The charge need not state how the theft was effected.

(b) A is accused of cheating B at a given time and place. The charge must state how A cheated B.

(c) A is accused of giving false evidence at a given time and place. The charge must state that portion of A’s evidence that is alleged to be false.

(d) A is accused of obstructing B, a public servant, in the discharge of B’s public functions at a given time and place. The charge must state how A obstructed B in discharging B’s functions.

(e) A is accused of the murder of B at a given time and place. The charge need not state how A murdered B.

(f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must state the disobedience charged and the law broken.