CRIMINAL PROCEDURE AND EVIDENCE ACT
153 Means or instrument by which act is done need not be stated
It shall not in any indictment, summons or charge be necessary to set forth the manner in
which or the means or instrument by which any act is done, unless the manner, means or instrument is an essential element of the offence.
154
[Section repealed by s. 32 of Act No. 2 of 2016]
155 In indictment for forgery and other cases copy of instrument not
necessary
(1) In an indictment, summons or charge in respect of forging, uttering, stealing, destroying,
concealing or otherwise unlawfully dealing with any instrument, it shall be sufficient to describe such instrument by any name or designation by which it is usually known or by the
purport thereof, without setting out any copy or facsimile thereof or otherwise describing it or
stating its value.
(2) In all other cases where it is necessary to make any averment in any indictment, summons or charge as to any instrument, whether the same consists wholly or in part of writing,
print or figures, it shall be sufficient to describe such instrument by any name or designation by
which it is usually known or by the purport thereof, without setting out any copy or facsimile
of the whole or any part thereof, unless the wording of the instrument is an element of the
offence.
156 Certain particulars not required in case of offence relating to insolvency
In an indictment, summons or charge in respect of an offence relating to an insolvent, it shall
not be necessary to set forth any debt, act of insolvency, adjudication or other proceeding in
any court, or any order, warrant or document made or issued out of or by the authority of any
court.
157 Allegation of intent to defraud sufficient without alleging whom it is
intended to defraud
(1) It shall be sufficient in any indictment, summons or charge in respect of—
(a) forgery or fraud; or
[Paragraph substituted by s. 33 of Act No. 2 of 2016]
(b) …
[Paragraph repealed by s. 33 of Act No. 2 of 2016]
(c) obtaining anything by means of a fraudulent trick or device or any other fraudulent
means; or
(d) inducing, by means of any such trick or device or fraudulent means, the payment or
delivery of any money or thing; or
(e) attempting to commit or to procure the commission of any such offence;
to allege that the accused did the act with intent to defraud, without alleging the intent of the
accused to be to defraud any particular person.
(2) In the case of any offence referred to in subsection (1), it shall not be necessary to mention the owner of the property in question or to set forth the details of the trick or device.
158 Persons implicated in same offence may be charged together
(1) Any number of persons charged with committing or with procuring the commission of
the same offence, although at different times, or with having, after the commission of the
offence, harboured or assisted the offender, and any number of persons charged with receiving,
although at different times, any property which has been obtained by means of an offence, or
any part of any property so obtained, may be charged with substantive offences in the same
indictment, summons or charge, and may be tried together, notwithstanding that the principal
offender or the person who so obtained the property is not included in the same indictment,
summons or charge or is not amenable to justice.
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