Useful Notes on the Section 213 of the code of Criminal Procedure

(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  in the discharge of his functions.

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

(e) A is accused of the murder of  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  from punishment. The charge must set out the disobedience charged and the law infringed.

In every charge of rioting and unlawful assembly, the common object must be set out. The Magistrate must specify, in the charge itself, the common object of the unlawful assembly. Therefore, a conviction for rioting on a charge which does not state the common object is liable to be set aside. (Chunder,—3 C.W.N. 605)

S. 214 then provides that, in every charge, the words which are used in describing the offence are deemed to have been used in the same sense as it attached to them by the law under which an offence is punishable.