Section 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.
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 or, in the case of trials with the aid of assessors, before the opinions of the assessors are expressed.
a
(2)
Every such alteration or addition shall be read and explained to the accused.
When trial may proceed immediately after alteration or addition 159.
(1)
If a charge is framed or an alteration or addition is made under either of section 157 or 158, the Court shall forthwith call upon the a accused to plead thereto and to state whether he is ready to be tried on such charge or altered or added charge.
110
Criminal Procedure Code
(2)
If the accused declares that he is not ready -
(a)
the Court shall duly consider the reasons he may give;
and
(6)
if, in the opinion of the Court, proceeding immediately with the trial is not likely 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 or added charge had been the original charge.