Paragraph 3

Where the specific offence with which an accused person is charged in a charge sheet is one created by or under an enactment, then (without prejudice to the generality of paragraph 2 of this Part)—

(a)

the statement of offence shall contain a reference to—

(i)

the section of, or the paragraph of the Schedule to, the Act creating the offence in the case of an offence created by a provision of an Act;

(ii)

the provision creating the offence in the case of an offence created by a provision of a subordinate instrument;

(b)

the particulars shall disclose the essential elements of the offence:

Provided that an essential element need not be disclosed if the accused person is not prejudiced or embarrassed in his defence by the failure to disclose it;

(c)

it shall not be necessary to specify or negative an exception, exemption, proviso, excuse or qualification.