Code:
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.
Illustrations
(a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected.
(b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B.
(c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false.
(d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions.
(e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B.
(f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the disobedience charged and the law infringed.
Explanation:
This section states that when the manner of committing an offence is a material ingredient in the offence, the charge sheet must specify the manner in which the offence is alleged to have been committed. This ensures that the accused is aware of the specific allegations against them and can properly prepare their defence.
Illustration:
Case 1: In a murder case, the charge sheet should specify whether the accused murdered the victim by stabbing, shooting, poisoning, or any other means.
Case 2: In a case of theft, the charge sheet should specify how the accused stole the property, e.g., by breaking into the house, by picking the lock, by snatching the property from the victim, etc.
Common Questions and Answers:
Q: What happens if the charge sheet does not specify the manner of committing the offence?
A: The accused can challenge the charge sheet on the grounds that it does not comply with the requirements of Section 213. This can lead to the charge sheet being amended or rejected.
Q: Does this section apply to all offences?
A: No, it only applies to offences where the manner of committing the offence is a material ingredient in the offence. For example, in a case of simple assault, the manner of committing the assault is not a material ingredient and need not be specified in the charge sheet.
