Section 211 in The Code Of Criminal Procedure, 1973
211. Contents of charge.
(1) Every charge under this Code shall state the offense with which the accused is charged.
(2) If the law which creates the offense gives it any specific- name, the offense may be described in the charge by that name only.
(3) If the law which creates the offense does not give it any specific name, so much of the definition of the offense 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 offense 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) The charge shall be written in the language of the Court.
(7) If the accused, having been previously convicted of any offense, is liable, by reason of such previous conviction, to enhanced punishment, or to the punishment of a different kind, for a subsequent offense, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offense the fact date and place of the previous conviction shall be stated in the charge and if such statement has been 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 Indian Penal Code (45 of 1860 ) that it did not fall within any of the general exceptions of the said 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.
(b) A is charged under section 326 of the Indian Penal Code (45 of 1860 ) with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by section 335 of the said Code- and that the general exceptions did not apply to it.
(c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property- mark. The charge may state that A committed murder or cheating or theft or extortion or adultery or criminal intimidation or that he used a false property- mark without reference to the definitions of those crimes contained in the Indian Penal Code (45 of 1860 ) but the sections under which the offense is punishable must, in each instance be referred to in the charge.
(d) A is charged under section 184 of the Indian Penal Code (45 of 1860 ) with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.