Criminal Procedure.
dictment, he shall be asked whether he has been previously convicted as alleged or not; and if he says that he has not, or does not say that he has been so convicted, the jury shall be charged to inquire into the matter as in other cases.
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Objection of substance to indictment.
54. (1) No objection to an indictment shall be taken by way of demurrer, but if an indictment does not state in substance an indictable offence or states an offence not triable by the court, the accused person may move the court to quash it or in arrest of judgment.
(2) If such motion is made before the accused person pleads, the court shall either quash the indictment or amend it.
(3) If the defect in the indictment appears to the court during the trial, and the court does not think fit to amend the indictment, it may either quash the indictment or leave the objection to be taken in arrest of judgment.
(4) If the indictment is quashed, the court may direct the accused person to be detained in custody until the termination of the session or to be released on bail, and may order him to plead to another indictment when called on at the same session of the court.
Evidence of witnesses in criminal cases.
55. Every person charged with an offence, and the wife or husband, as the case may be, of the person so charged, shall be a competent witness for the defence at every stage of the proceedings, whether the person so charged is charged solely or jointly with any other person: Provided as follows-
(a) a person so charged shall not be called as a witness in pursuance of this section except upon his own application;
(b) the failure of any person charged with an offence, or of the wife or husband, as the case may be, of the person so charged, to give evidence shall not be made the subject of any comment by the prosecution;
(c) the wife or husband of the person charged shall not, save as in this section mentioned, be called as a witness in pursuance of this section except upon the application of the person so charged;
61 & 62 Vict. c. 36, s. 1.
14 of 1906, s. 2.