Criminal Procedure Code
101
ILLUSTRATIONS
(a) A is charged under section *242 of the Penal Code with “having been
in possession of counterfeit coin, having known at the time when he became
possessed of it that the coin was counterfeit” the word “fraudulently” being
omitted in the charge. Unless it appears that A was in fact misled by this
omission the error shall not be regarded as material.
(b) A is charged with cheating B, and the manner in which he cheated B
is not set out in the charge, or is set out incorrectly. A defends himself,
calls witnesses, and gives his own account of the transaction. The Court
may infer from this that the omission to set out the manner of the cheating
is not material.
(c) A is charged with cheating B, and the manner in which he cheated B is
not set out in the charge. There were many transactions between A and B,
and A had no means of knowing to which of them the charge referred, and
offered no defence. The Court may infer from these facts that the omission
to set out the manner of the cheating was, in this case, a material error.
(d) A is charged with the murder of John Smith on 6 June 1910. In fact
the murdered person’s name was James Smith and the date of the murder
was 5 June 1910. A was never charged with any murder but one, and had
heard the inquiry before the Magistrate which referred exclusively to the
case of James Smith. The Court may infer from these facts that A was not
misled, and that the error in the charge was immaterial.
(e) A was charged with murdering James Smith on 5 June 1910, and John
Smith (who tried to arrest him for that murder) on 6 June 1910. When
charged for the murder of James Smith he was tried for the murder of John
Smith. The witnesses present in his defence were witnesses in the case of
James Smith. The Court may infer from this that A was misled and that
the error was material.
157. (Deleted by Act A1132).
Court may alter or add to charge
158. (1) Any Court may alter or add to any charge at any time
before judgment is pronounced.
(2) Every such alteration or addition shall be read and explained
to the accused.
*NOTE—Section 242 of the Penal Code has been repealed by Act A327 w.e.f. 31 March 1976.
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