Madras High Court delivered this judgment dismissing the revision petition filed by accused to set aside a charge made against him.
20. The charge should contain the name of the offence, if the law which creates the offence gives any specific name or if no specific name is given, the definition of the offence must be stated. The law and section against which the offence is said to have been committed to be mentioned in the charge. Wherever necessary, the time and place of offence and the person against whom the offence committed should be mentioned. If necessary, the manner in which the offence committed should be mentioned. The Court while frame charge should take all endeavour that the accused against whom the charge is framed shall have sufficient notice of the matter with which he is charged. The charge so framed shall not mislead the accused. The omission or error in the content of the charge shall not be material, leading to failure of justice.
S.Muralidharan Vs State by Inspector of Police on 3 May, 2018