1923_INDICTMENTS_ORDINANCE__1919 — Page 4

INDICTMENTS.

No. 17 of 1919.

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(4) After the statement of the offence, particulars of such offence shall be [First set out in ordinary language, in which the use of technical terms shall not Schedule be necessary :

contd.]

Provided that where any rule of law or any statute limits the particulars of an offence which are required to be given in an indictment, nothing in this rule shall require any more particulars to be given than those so required.

(5) The forms set out in the Appendix to these rules or forms conforming Appendix. thereto as nearly as may be shall be used in cases to which they are applicable, and in other cases forms to the like effect or conforming thereto as nearly as may be shall be used, the statement of offence and the par- ticulars of offence being varied according to the circumstances in each case.

(6) Where an indictment contains more than one count, the counts shall be numbered consecutively.

2. (1) Where an enactment constituting an offence states the offence to Provision as be the doing or the omission to do any one of any different acts in the to statutory alternative, or the doing or the omission to do any act in any one of offences.

any different capacities, or with any one of any different intentions or states any part of the offence in the alternative, the acts, omissions, capacities, or intentions, or other matters, stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence.

(2) It shall not be necessary, in any count charging a statutory offence, to negative any exception or exemption from or qualification to the opera- tion of the statute creating the offence.

3.-(1) The description of property in a count in an indictment shall be Description in ordinary language and such as to indicate with reasonable clearness the of property. property referred to, and if the property is so described it shall not be neces- sary (except when required for the purpose of describing an offence depend- ing on any special ownership of property or special value of property) to name the person to whom the property belongs or the value of the property.

(2) Where property is vested in more than one person, and the owners of the property are referred to in an indictment, it shall be sufficient to describe the property as owned by one of those persons by name with others, and if the persons owning the property are a body of persons with a collective name, such as 66

Inhabitants", "Trustees", "Commissioners ", or "Club" or other such name, it shall be sufficient to use the collective name without naming any individual.

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4. The description or designation in an indictment of the accused person, Description any other person to whom reference is made therein, shall be such as is of persons. reasonably sufficient to identify him, without necessarily stating his correct name, or his abode, style, degree, or occupation; and if, owing to the name of the person not being known, or for any other reason, it is impracticable to give such a description or designation, such description or designation shall be given as is reasonably practicable in the circumstances, or such person may be described as a person unknown".

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5. Where it is necessary to refer to any document or instrument in an Description of indictment, it shall be sufficient to describe it by any name or designation by document. which it is usually known, or by the purport thereof, without setting out any copy thereof.