Contents; requisites; form
Sec. 2. (a) The indictment or information shall be in writing and
allege the commission of an offense by:
(1) stating the title of the action and the name of the court in
which the indictment or information is filed;
(2) stating the name of the offense in the words of the statute or
any other words conveying the same meaning;
(3) citing the statutory provision alleged to have been violated,
except that any failure to include such a citation or any error in
such a citation does not constitute grounds for reversal of a
conviction where the defendant was not otherwise misled as to
the nature of the charges against the defendant;
(4) setting forth the nature and elements of the offense charged
in plain and concise language without unnecessary repetition;
(5) stating the date of the offense with sufficient particularity to
show that the offense was committed within the period of
limitations applicable to that offense;
(6) stating the time of the offense as definitely as can be done
if time is of the essence of the offense;
(7) stating the place of the offense with sufficient particularity
to show that the offense was committed within the jurisdiction
of the court where the charge is to be filed;
(8) stating the place of the offense as definitely as can be done
if the place is of the essence of the offense; and
(9) stating the name of every defendant, if known, and if not
known, by designating the defendant by any name or
description by which he can be identified with reasonable
certainty.
(b) An indictment shall be signed by:
(1) the foreman or five (5) members of the grand jury; and
(2) the prosecuting attorney or his deputy.
An information shall be signed by the prosecuting attorney or his
deputy and sworn to or affirmed by him or any other person.
(c) An indictment or information shall have stated upon it the
names of all the material witnesses. Other witnesses may afterwards
be subpoenaed by the state, but unless the name of a witness is stated
on the indictment or information, no continuance shall be granted to
the state due to the absence of the witness.
(d) The indictment or information shall be a plain, concise, and
definite written statement of the essential facts constituting the
offense charged. It need not contain a formal commencement, a
formal conclusion, or any other matter not necessary to the
statement. Presumptions of law and matters of which judicial notice
is taken need not be stated.
(e) The indictment may be substantially in the following form:
IN THE __________ COURT OF INDIANA, 20____
STATE OF INDIANA
vs. CAUSE NUMBER _______
A _________ B _________
The grand jury of the county of _________ upon their oath or
affirmation do present that AB, on the _________ day of
__________ 20____ at the county of _________ in the state of
Indiana (HERE SET FORTH THE OFFENSE CHARGED).
(f) The information may be substantially in the same form as the
indictment, substituting for the words, "the grand jury of the county
of _________, upon their oath or affirmation so present" the
following: "CD, being duly sworn on his oath or having affirmed,
says." It is not necessary in an information to state the reason why
the proceeding is by information rather than indictment.
(g) This section applies to a traffic offense (as defined in
IC 9-30-3-5) if the traffic offense is:
(1) a felony; or
(2) a misdemeanor.
As added by Acts 1981, P.L.298, SEC.3. Amended by Acts 1982,
P.L.204, SEC.19; P.L.320-1983, SEC.11; P.L.158-1994, SEC.1;
P.L.2-2005, SEC.119.
Last modified: May 24, 2006