223. When manner of committing offence must be stated. When the nature of the case is
such that the particulars mentioned in sections 221 and 222 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.
224. Words in charge taken in sense of law under which offence is punishable. 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.
225. Effect of errors. No error in stating either the offence or the particulars required to be
stated in the charge, and no omission to state the offence or those particulars, shall be regarded at
any stage of the case as material, unless the accused was in fact misled by such error or omission,
and it has occasioned a failure of justice.
Illustrations
(a) A is charged under section 242 of the Pakistan Penal Code, (XLV of 1860) with "having
been in possession of counterfeit coin, having known at the time when he became
possessed thereof that such coin was counterfeit," the word "fraudulently" being omitted
in the charge. Unless it appears that A was in fact misled by this omission, the error shall
not be regarded as material.
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