Indiana § 35-34-1-1 - Commencement of prosecution; filing; sealing; violation

Full text of Indiana Indiana Code § 35-34-1-1 — Commencement of prosecution; filing; sealing; violation, with citation guidance and answers to common questions.

§ 35-34-1-1. Commencement of prosecution; filing; sealing; violation

Sec. 1. (a) All prosecutions of crimes shall be brought in the name of the state of Indiana. Any crime may be charged by indictment or information.

(b) Except as provided in IC 12-15-23-6(d), all prosecutions of crimes shall be instituted by the filing of an information or indictment by the prosecuting attorney, in a court with jurisdiction over the crime charged.

(c) Whenever an indictment or information is filed, the clerk of the court shall:

(1) mark the date of filing on the instrument;

(2) record it in a record book; and

(3) upon request, make a copy of it available to the defendant or his attorney.

(d) The court, upon motion of the prosecuting attorney, may order that the indictment or information be sealed. If a court has sealed an indictment or information, no person may disclose the fact that an indictment or information is in existence or pending until the defendant has been arrested or otherwise brought within the custody of the court. However, any person may make any disclosure necessarily incident to the arrest of the defendant. A violation of this subsection is punishable as a contempt.

As added by Acts 1981, P.L.298, SEC.3. Amended by Acts 1982, P.L.204, SEC.18; P.L.10-1994, SEC.7.

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 35-34-1-1

What does Indiana Code § 35-34-1-1 cover?

Section 35-34-1-1 ("Commencement of prosecution; filing; sealing; violation") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 35-34-1-1?

A common citation format is "Indiana Code § 35-34-1-1" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 35-34-1-1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.