98
Laws of Malaysia
Act 593
Chapter XVIIa
SPECIAL PROCEDURE RELATING TO COMMITTAL IN CASES
TRIABLE BY THE HIGH COURT WHERE THE ACCUSED IS
LEGALLY REPRESENTED
151a–151b. (Deleted by Act A908).
Chapter XVIII
THE CHARGE
Form of charge
152. (1) Every charge under this Code shall state the offence
with which the accused is charged.
(2) If the law which creates the offence gives it any specific
name the offence may be described in the charge by that name
only.
(3) If the law which creates the offence does not give it any
specific name so much of the definition of the offence must be
stated as to give the accused notice of the matter with which he
is charged.
(4) The law and section of the law against which the offence
is said to have been committed shall be mentioned in the charge.
(5) The fact that the charge is made is equivalent to a statement
that every legal condition required by law to constitute the offence
charged was fulfilled in the particular case.
(6) If the accused has been previously convicted of any offence,
and it is intended to prove that previous conviction for the purpose
of increasing the punishment which the Court is competent to
award, the fact, date and place of the previous conviction shall
be stated in the charge. If the statement is omitted the Court may
add it at any time before sentence is passed.
ILLUSTRATIONS
(a) A is charged with the murder of B. This is equivalent to a statement
that A’s act fell within the definition of murder given in sections 299
and 300 of the Penal Code; that it did not fall within any of the general
exceptions of the same Code and that it did not fall within any of the five
exceptions to section 300, or that if it did fall within exception 1, one or
other of the three provisos to that exception applied to it.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents