Tutorial 1

Charges

1. At the end of prosecution case before delivery of judgment by the Magistrate, DPP

applies for an amendment to the charge against the accused. He submits that the original

charge under section 379A of the Penal Code for an offence of theft of motor cycle

cannot be proved by the available evidence but there is sufficient evidence for the court

to call for defense on a charge for an offence of retaining stolen property under section

411 of the Penal Code. The DPP now prays to the Court to amend the charge. The

Defense Counsel objects to the application made by the DPP as it will prejudice the

accused.

What are the factors that will be taken into consideration by the court when

considering the submission by the DPP? Discuss.

When preparing for the issues on charges as above, please be mindful of the following

questions:

a. What is a charge? Who frames a charge?

b. What are the general rule pertaining to charges?

c. What is the effect of error or omission in the charge?

d. When may a charge be amended?

e. Does section 158 CPC impose a duty upon the court to amend or alter charges?

f. What happens after the charge is amended?

g. Can the Appellate Court amend a charge at the appellate stage?

h. Can a person be convicted of an offence he is not charged with?

i. What is the effect of duplicity of charges?

j. What is the effect of misjoinder of charges?

k. What are the exceptions to the general rule that a single charge be tried in one

trial?

l. What is mutual cumulation?

CPC Tutorial Charge - Practice materials

Criminal Procedure II (LAD5073)