Criminal Procedure Code · s 163

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163.
Effect of material error
(1) If any appellate Court is of opinion that any person convicted of an offence was misled in his defence by the absence of a charge, or by an error or alteration in the charge, it may direct a new trial to be had upon a charge fi-amed in whatever manner it thinks fit.

Criminal Procedure Code
CAP.7 111
(2) If the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.
Illustration
A is convicted of an offence, under section 196 of the Penal Code (Chapter 22), upon a charge which omits to state that he knew the evidence which he corruptly used or attempted to use as true or genuine, was false or fabricated. If the Court thinks it probable that A had such knowledge and that he was misled in his defence by the omission from the charge of the statement that he had it, it may direct a new trial upon an amended charge, but, if it appears probable from the proceedings that A had no such knowledge, it shall quash the conviction.

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s 163Effect of material error

(1)

If any appellate Court is of opinion that any person convicted of an offence was misled in his defence by the absence of a charge, or by an error or alteration in the charge, it may direct a new trial to be had upon a charge fi-amed in whatever manner it thinks fit.

(2)

If the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.

Illustration

A is convicted of an offence, under section 196 of the Penal Code (Chapter 22), upon a charge which omits to state that he knew the evidence which he corruptly used or attempted to use as true or genuine, was false or fabricated. If the Court thinks it probable that A had such knowledge and that he was misled in his defence by the omission from the charge of the statement that he had it, it may direct a new trial upon an amended charge, but, if it appears probable from the proceedings that A had no such knowledge, it shall quash the conviction.