Amendment status not verified — confirm the current text below against the official source.
Contents of charge and the particulars - The law relating to the form of charges and contents etc. of the same is given sections 221 to 223 of the Criminal Procedure Code. In giv- ing the particulars of the offence charged it would be better to set out the title of the Act and not merely an abbreviation with which a particular accused mayor may not be familiar. But in any case it is not enough merely to say that the offence has been charged under a particular section. The accused must be told what he is said to have done which he ought not to have done i.e. that he sold or offered or exposed for sale as eatable ghee, a substance which was not eatable. He must be told what the offence charged is, and that is particularly necessary under this Act because under sub-section (3) Sec. 4 the seller may rely on a statutory defence, but he must give notice of that defence within three days of the service of the summons. If he does not know the particulars of the offence, it may be quite impossible for him to determine whether or not he can rely on the statutory defence. Charges of offences under the Opium Act, 1878, should specify not merely section 9 which prescribes the punishment for the breach of various Rules made under the Act, but also the particular rule which the accused is alleged to have broken and so rendered himself liable to punishment under section 9 As a general rule, conviction under a section which provides a penalty for a variety of acts done in contravention of the statute is bad for duplicity where the section contains a variety of inconsistent alternatives. Conviction should state the act of which the accused is found guilty and the particular breach of the rule established against him by his act so found. A person who exports from outside to a warehouse inside of which he is really the proprietor or temporary possessor, even under a false name is in fact committing an offence W1der the Act of importing into UP. although he is also the person who exports from outside.