Code of Criminal Procedure, 1973

Particulars as to time, place and person.

212. (1) The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.

(2) When the accused is charged with criminal breach of trust of dishonest misappropriation of money or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe the movable property in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 219:

Provided that the time included between the first and last of such dates shall not exceed one year.

COMMENTS

Requirement of time, place and person and exception in certain cases - This section corresponds to section 222 of the old Code. Sub-section (1) lays down the important general rule that full particulars as to the time and place of the offence and as to the person against whom or the thing in respect of which the offence was committed should be given in the charge. Sub-section (2) provides a limited relaxation of the rule in a case of criminal breach of trust or of dishonest misappropriation. In these two cases it is sufficient to specify the gross sum embezzled or misappropriated and the dates between which the offence was committed, subject to the limitation that the interval between the first and the last of such dates shall not exceed one year. The charge so framed shall be deemed to be charge of one offence within the meaning of section 219.

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