100
Laws of Malaysia
Act 593
charge shall also contain such particulars of the manner in which
the alleged offence was committed as will be sufficient for that
purpose.
ILLUSTRATIONS
(a) A is accused of the theft of a certain article at a certain time and place.
The charge need not set out the manner in which the theft was effected.
(b) A is accused of cheating B at a given time and place. The charge must
set out the manner in which A cheated B.
(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 B in the discharge of his functions.
(e) A is accused of the murder of B 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
B from punishment. The charge must set out the disobedience charged and
the law infringed.
Sense of words used in charge to describe offence
155. In every charge words used in describing an offence shall
be deemed to have been used in the sense attached to them
respectively by the law under which that offence is punishable.
Effect of errors
156. No error in stating either the offence or the particulars
required to be stated in the charge, and no omission to state the
offence or those particulars shall be regarded, at any stage of the
case, as material unless the accused was in fact misled by that
error or omission.
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