Legal Provisions of Section 212 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Particulars as to time, place and person:
This section requires that the charge should contain particulars as to time and place of the alleged offence and the person against whom the offence has been committed or the thing (if any) in respect of which it has been committed.
ADVERTISEMENTS:
Sub-section (2) however, permits a joinder of charges for criminal breach of trust or of dishonest misappropriation of money or other movable property and it will be sufficient to specify the gross sum in respect of which the offence is alleged to have been committed along with the duration of time. It is not necessary to mention all the items misappropriated or the exact dates provided the total duration does not exceed one year.
This relaxation of joinder of charges extends only to cases of criminal breach of trust or dishonest misappropriation, but it does not apply in case of other offences like theft, falsification of accounts, cheating etc. as evident from the provision contained in subsection (2) of this section.
Image Source : 1.bp.blogspot.com
According to the proviso to the section, any number of acts of breach of trust committed within one year will constitute one single offence. But where this period is more than a year, the joinder of charges will be illegal. But the joinder of charges in contravention of this proviso in respect of the offence of criminal breach of trust has been treated as a mere irregularity which is curable under Sections 215 and 465 of CrPC provided it does not prejudice the accused.”
ADVERTISEMENTS:
In a charge of adultery, it is often impossible to specify the particular date or dates on which the sexual intercourse took place. Therefore, in such cases, it would be sufficient to specify two dates between which the offence is alleged to have been committed.