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In force2021 Revised Edition
Contents

Chapter XVIII

157. Procedure on arraignment on imperfect or erroneous charge

When any person is arraigned for trial on an imperfect or erroneous charge, the Court may frame a charge, or add to or otherwise alter the charge as the case may be, having regard to the rules contained in this

Code as to the form of charges.

Illustrations

(a)

A is charged with the murder of C. A charge of abetting the murder of C may be added or substituted.

(b)

A is charged with forging a valuable security under section 467 of the Penal Code

(Chapter 22). A charge of fabricating false evidence under section 193 of the same Code may be added.

(c)

A is charged with receiving stolen property knowing it to be stolen. During the trial, it incidentally appears that he has in his possession instruments for the purpose of counterfeiting coin. A charge under section 235 of the Penal Code (Chapter 22) cannot be added.

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