Section 78. Form of charge. (SYARIAH CRIMINAL PROCEDURE (STATE OF MALACCA) ENACTMENT 2002

ENACTMENT NO. 09 OF 2002
SYARIAH CRIMINAL PROCEDURE (STATE OF MALACCA) ENACTMENT 2002

PART V - PROCEEDINGS IN PROSECUTIONS
CHAPTER 3 - OF THE CHARGE

Section 78. Form of charge.

(1) Every charge under this Enactment 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 gives 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 and provisions of the law 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.