ENACTMENT No. 3 Of 1989 SYARIAH CRIMINAL PROCEDURE ENACTMENT 1988
PART IV - PROCEEDINGS IN PROSECUTIONS Chapter IX - OF THE CHARGE
Section 77. Form of charge.
(1) Every charge under the Enactment shall state the offence with which the accused is charged.
(2) If the law which creates the offence gives it any specifio 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 and section 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.
(6) If the accused has been previously convicted of any offence, and it is intended to prove such previous conviction for the purpose of increasing the punishment which the court is competent to award, the fact, date and place of the previous conviction shall be stated in the charge. If such statement is omitted the court may add it at any time before sentence is passed.