Syariah Courts Criminal Procedure Code · s 99

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99.
Form of charge
(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. section of the law and the punishment 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.
(a) A is charged with sending or delivering publications relating to religions other than the religion of Islam to Muslims or persons having no religion. This is equivalent to a

Syariah Courts 74

Criminal Procedure Code statement that A's act did not fall within any of the general exception or exceptions in section 21 4(4) of the Syariah Penal Code Order, 201 3 (S 691201 3).
(6)
B is charged with committing iit~a. The charge may state that B committed zinu without making reference to the definition of iinu but the charge shall state that the offence is punishable under section 69 of the Syariah Penal Code Order, 201 3 (S 6912013).
(c)
C is charged with propagation of religion other than the religion of Islam to a
Muslim or a person having no religion under section 209 of the Syariah Penal Code Order,
201 3 (S 69120 13). The charge should contain the words of section 209 of the Syariah Penal
Code Order, 2013 and the punishments must be mentioned in the charge.

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s 99Form of charge

(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. section of the law and the punishment 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.

(a)

A is charged with sending or delivering publications relating to religions other than the religion of Islam to Muslims or persons having no religion. This is equivalent to a

Syariah Courts 74

Criminal Procedure Code statement that A's act did not fall within any of the general exception or exceptions in section 21 4(4) of the Syariah Penal Code Order, 201 3 (S 691201 3).

(6)

B is charged with committing iit~a. The charge may state that B committed zinu without making reference to the definition of iinu but the charge shall state that the offence is punishable under section 69 of the Syariah Penal Code Order, 201 3 (S 6912013).

(c)

C is charged with propagation of religion other than the religion of Islam to a

Muslim or a person having no religion under section 209 of the Syariah Penal Code Order,

201 3 (S 69120 13). The charge should contain the words of section 209 of the Syariah Penal

Code Order, 2013 and the punishments must be mentioned in the charge.