Section 105
Procedure when there is imperfect or erroneous charge
of Syariah Courts Criminal Procedure Code
When any person is arraigned for trial on an imperfect or erroneous charge, the Syariah Court may frame a charge, or amend the charge, having regard to the provisions contained in this Code as to the form of charges.
When trial may proceed immediately after amendment 106.
(1)
If a charge is framed or an amendment is made under section 104
or 105, the Syariah Court shall forthwith call upon the accused to plead thereto and to state whether he is ready to be tried on the amended charge.
(2)
If the accused declares that he is not ready, the Syariah Court shall duly consider the reasons he may give and if, in the opinion of the
Syariah Court, proceeding immediately with the trial is not likely to prejudice the accused in his defence or the prosecutor in the conduct of the
Sj~uriah Courts 76
Criminal Procedure Code case, the Syariah Court may, in its discretion, after such charge or amendment has been framed or made, proceed with the trial as if the new charge or amended charge had been the original charge.