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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 12 : Summary Trial

76. Charge-sheet and proof of record of criminal case


(1) Unless an accused has been summoned to appear before the court, the proceedings at a summary trial in a lower court shall be commenced by lodging a charge-sheet with the clerk of the court, and, in the case of a superior court, by serving an indictment referred to in section 144 on the accused and the lodging thereof with the registrar of the court concerned.


(2) The charge-sheet shall in addition to the charge against the accused include the name and, where known and where applicable, the address and description of the accused with regard to sex, nationality and age.

[Section 76(2) substituted by section 13 of Act No. 139 of 1992]


(a) The court shall keep a record of the proceedings, whether in writing or mechanical, or shall cause such record to be kept, and the charge-sheet, summons or indictment shall form part thereof.
(b) Such record may be proved in a court by the mere production thereof or of a copy thereof in terms of section 235.
(c) Where the correctness of any such record is challenged, the court in which the record is challenged may, in order to satisfy itself whether any matter was correctly recorded or not, either orally or on affidavit hear such evidence as it may deem necessary.