FRAMING OF CHARGES UNDER CODE

Section 6 of the Sixth Schedule to the Code amends s 146 of the Criminal Procedure and Evidence Act, the section that deals with essentials of indictments, summonses and charges.

 

The amendment inserts two additional subsections after the existing sub-section 3 as follows–

 

(4)  Where a person is charged with a crime listed in the first column of the Fifth Schedule to the Criminal Law Code, it shall be sufficient to charge him or her with that crime by its name only.

(5)  No indictment, summons or charge alleging the commission of a crime mentioned in subsection (4) shall be held to be defective on account of a failure to mention the section of the Criminal Law Code under which the crime is set forth..

 

The Second Schedule sets out a list of crimes in the Code and the sections of the provisions in the Code defining these various crimes.

 

Although it is not mandatory or a fatal defect to omit reference in a charge to the relevant section in the Code defining the crime in question, it is obviously good practice to cite the relevant section of the Code in the charge.

 

For guidance of the police officers and prosecutors a series of Specimen Indictments are to be found at the end of this commentary.