Code
(1) The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.
(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe the movable property in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 219:
Provided that the time included between the first and last of such dates shall not exceed one year.
Explanation
Section 212 states that when a person is summoned to appear before a Magistrate, the summons must contain certain particulars:
- The time and place of appearance
- The name and address of the person summoned
- The nature of the accusation against the person
If these particulars are not mentioned in the summons, the summons is considered invalid.
Illustration: Section 212 CrPC
Suppose a person named Ram is summoned to appear before a Magistrate in a case of theft. The summons should contain the following information:
- The time and place of the hearing (e.g., 10:00 AM, 24th October 2023, at the Magistrate’s Court, XYZ city)
- The name and address of Ram (e.g., Ram, residing at ABC colony, XYZ city)
- The nature of the accusation against Ram (e.g., Theft of a mobile phone from XYZ shop on 1st October 2023)
Common Questions and Answers
Q: Can a person be summoned without mentioning the nature of the accusation?
A: No, it is mandatory to mention the nature of the accusation in the summons.
Q: What happens if the summons does not contain all the required particulars?
A: The summons will be considered invalid, and the person summoned may not be legally obligated to appear.
Q: Can a person be summoned to appear at a place other than their residence?
A: Yes, a person can be summoned to appear at a place other than their residence, but the summons must specify the place.
