Question 01
I. Discuss the Circumstances under which an error in a charge sheet may be
corrected.
Section 86 allows for the amendment of charge sheets that are defective:
Where it is defective for want of an essential element; where there is material
difference between the allegation in the...
I. Discuss the Circumstances under which an error in a charge sheet may be
corrected.
Section 86 allows for the amendment of charge sheets that are defective:
Where it is defective for want of an essential element; where there is material
difference between the allegation in the charge sheet and the evidence that has
been led, where words have been omitted or unnecessarily inserted or any other
error is made.
Court may order an amendment only if it considers that the making of the
amendment will not prejudice the accused in his defence. There won’t be
prejudice if there is only a slight variance or where it is clear that the defence
would have remained exactly the same had the state originally presented the
charge in the amended form. Where application to amend the charge is made on
appeal the court must be satisfied that the defence would have remained the
same if the charge had originally contained the necessary particulars. On appeal
the court would accede to an application for the amendment of a charge only if it
were satisfied that there was no reasonable doubt that the appellant would not be
prejudiced which will depend upon the facts and circumstances of each case.
Section 86 makes provision for the amendment of the charge and not
replacement thereof by an altogether new charge. If the proposed amendment
doesn’t correspond at all to the original charge, then we talk of substitution and
not amendment. Should a new charge be framed in the course of a trial, the
possibility of prejudice to the accused is strong as he comes to court prepared to
meet a particular charge and now will be faced with a different issue. Section
86(4) provides that the fact that the charge is not amended doesn’t affect the
validity of the proceedings, unless the court has refused to allow the amendment.
If the failure to amend would not have prejudiced the accused in his defence, the
failure to effect the amendment will not invalidate the proceedings. Because
2
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