Code:
In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.
Explanation:
This section clarifies that when an offence is charged, the words used in the description of the offence should be interpreted according to the law that defines and punishes that specific offence. In other words, the meaning of the terms used in the charge should be consistent with their legal definition within the relevant penal law.
Illustration:
Imagine a charge sheet states that a person is accused of “theft”. To understand what “theft” means in this context, the court would refer to the relevant law governing theft (e.g., Section 378 of the Indian Penal Code). The meaning of “theft” as defined in that law would determine the legal interpretation of the charge.
Common Questions and Answers:
- Q: Why is this section important?
- A: This section ensures consistency in the interpretation of legal terms across different stages of criminal proceedings. It avoids ambiguity and confusion when defining offences, as the meaning of words remains tied to their legal definitions.
- Q: Can different laws have different meanings for the same word?
- A: Yes, this is possible. For example, “theft” might have a slightly different definition in different penal codes. This section emphasizes that the interpretation of the word in a charge sheet should align with the specific law being applied.
- Q: What happens if the meaning of a word is unclear?
- A: If there is ambiguity, the court will rely on the established legal interpretations of the relevant law to determine the meaning of the word used in the charge.
