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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 14 : The Charge

92. Certain omissions or imperfections not to invalidate charge

 

(1) A charge shall not be held defective—
(a) for want of the averment of any matter which need not be proved;
(b) because any person mentioned in the charge is designated by a name of office or other descriptive appellation instead of by his proper name;
(c) because of an omission, in any case where time is not of the essence of the offence, to state the time at which the offence was committed;
(d) because the offence is stated to have been committed on a day subsequent to the laying of the complaint or the service of the charge or on an impossible day or on a day that never happened;
(e) for want of, or imperfection in, the addition of any accused or any other person;
(f) for want of the statement of the value or price of any matter or thing, or the amount of damage, injury or spoil in any case where the value or price or the amount of damage, injury or spoil is not of the essence of the offence.

 

(2) If any particular day or period is alleged in any charge to be the day on which or the period during which any act or offence was committed, proof that such act or offence was committed on any day or during any other period not more than three months before or after the day or period alleged therein shall be taken to support such allegation if time is not of the essence of the offence: Provided that—
(a) proof may be given that the act or offence in question was committed on a day or during a period more than three months before or after the day or period stated in the charge unless it is made to appear to the court before which the proceedings are pending that the accused is likely to be prejudiced thereby in his defence on the merits;
(b) if the court considers that the accused is likely to be prejudiced thereby in his defence on the merits, it shall reject such proof, and the accused shall be deemed not to have pleaded to the charge.