Does excluding mens rea in the Statement of Offence make a charge defective? Rule of Law When a person is accused of an offence, his constitutional right to a fair hearing requires that he should be informed of the charge with sufficient detail to answer it [1] . In order for an accused person to be informed of the charge, first the charge is drawn up and secondly it is stated to him. Drawing the Charge A charge or information is drawn with sufficient detail to answer it if it contains: a statement of the specific offence or offences with which the accused person is charged; and particulars necessary for giving reasonable information as to the nature of the offence charged [2] . The framing of a charge or information should follow the rules laid down in Section s137(a)(ii)the Criminal Procedure Code which provides: 137(a)(ii) the statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of ...
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