(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 such facts that the omission to set out the manner of the cheating was, in the
case, a material error.
(d) A is charged with the murder of Khoda Bakhsh on the 21st January 1882. In fact, the
murdered person's name was Haider Baksh, and the date of the murder was the 20th
January 1882. A was never charged with any murder but one, and had heard the
1[trial], which referred exclusively to the case of Haider Baksh. 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 Haider Baksh on the 20th January 1882, and Khuda
Baksh (who tried to arrest him for that murder) on the 21st January 1882. When
charged for the murder of Haider Baksh, he was tried for the murder of Khoda
Baksh. The witnesses present in his defence were witnesses in the case of Haider
Baksh. The Court may infer from this that A was misled, and that the error was material.
2226.
[Procedure on commitment without charge or with imperfect charge.] [Omitted by
the Law Reforms Ordinance, 1972 (XIl of 1972), s. 2 and sch.
227. Court may alter charge.(1) Any Court may alter or add to any charge at any time
before judgment is pronounced. 3* * * .
(2) Every such alteration or addition shall be read and explained to the accused.
228. When trial may proceed immediately after alteration. If the charge framed or
alteration or addition made under 4* * * section 227 is such that proceeding immediately with the
trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the
prosecutor in the conduct of the case, the Court may, in its discretion, after such charge or
alteration or addition has been framed or made, proceed with the trial as if the new or altered
charge had been the original charge.
1 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “Inquiry before the Magistrate”.
2 Section 226 was amended by A.O., 1961, Art 2 and Sch.
3 The commas and words “, or, in the case of trials before the court of Session or High Court, before the verdict of the jury is returned or the opinions of the assessors are expressed” omitted by
Ord. 12 of 1972, s.2 and Sch.
4 The words "section 226 or" omitted, ibid.
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