AIR 1963 SUPREME COURT 1696 ::1963 S C D 815

Supreme Court Of India

(From Calcutta)*

Hon'ble Judge(s): P. B. Gajendragadkar, K. N. Wanchoo, K. C. Das Gupta , JJJ

(A) Criminal P.C. (5 of 1898) , S.222(1)— Charge - Framing of-Basic requirement of criminal trial - Charge to which sub-sec. (1) of S 222 applies - Particular date or time not mentioned in charge - Change is not invalid solely for this reason. Where an accused is charged with criminal breach of trust or dishonest misappropriation of money, then sub section (2) of S.222, Criminal P.C. provides, inter alia,, that it is sufficient to specify the dates between which the offence is alleged to have been committed. However, it cannot, from this provision, be argued that in all other cases to which sub-section (1) of Section 222 applies, particular as to the time of the alleged offence must be specifically mentioned. For., it is permissible in a charge to which S. 222 (1) applies to state that the particular offence was committed on or about a certain date. If so, then it cannot be held that because a period of four or five or six days is indicated in the charge within which the offence is alleged to have been committed Section 222 (1) had been contravened.(Para 6) The requirement of S.222 (1) is that the accused person must have a reasonably sufficient notice as to the case against him. The basic requirement in every criminal trial, therefore, is that the charge must be so framed as to give the accused person a fairly reasonable idea ....