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offence for which he might have been charged, he may be convicted of that offence, though not charged with
it.
59. When more persons than one are accused of the same offence or of different offences committed in the same transaction, or when one is accused of committing an offence and another of abetting or attempting to commit that offence, they may be charged and tried together or separately, as the Court thinks fit.
60. (1) Any Court, if sitting with a jury or assessors, may alter any charge at any time before the verdict of the jury is returned or the opinions of the assessors are expressed; if sitting without jury or assessors, at any time before judgment is pro- nounced.
(2) Every such alteration shall be read and explained to the accused.
(3) If the altered charge is such that proceeding with the trial immediately is likely, in the opinion of the Court, to prejudice the accused or the prosecutor, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.
61-(1) No error or omission in stating either the offence or the particulars shall be regarded at any stage of the case as material, unless the accused was misled by error or omission.
(2) When the facts alleged in certain particulars are proved and constitute an offence, and the remaining particulars are not proved, the accused may be convicted of the offence constituted by the facts proved, although not charged with it.
(3) When a person is charged with an offence, and the evidence proves either the commission of a minor offence or an attempt to commit the offence charged, he may be convicted of the minor offence or of the attempt.
62.—(1) If the accused has been previously convicted of any offence, and it is intended to prove such conviction for the purpose of affecting the punishment which the Court is competent to award, the fact, date, and place of the previous conviction shall be stated in the charge.
(2) If such statement is omitted, the Court may add it at any time before sentence is passed.
(3) The part of the charge stating the previous convictions shall not be read out in Court, nor shall the accused be askea whether he has been previously convicted, as alleged in the charge, unless and until he has either pleaded guilty to, or been convicted of, the subsequent offence.
(4) If he pleads guilty to, or is convicted of, the subsequent offence,he shall then be asked whether he has been previously convicted, as alleged in the charge.
(5) If he answers that he has been so previously convicted, the Court may proceed to pass sentence on him accordingly, but, if he denies that he has been so previously convicted, or refuses to, or does not, answer such question, the Court shall then inquire concerning such previous conviction, and in such case (where the trial is by jury) it shall not be necessary to swear the jurors again.
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Punishments.
63. Save as is otherwise expressly provided, the powers of the Courts with respect to punishments are limited as follows:- (1) The Supreme Court may award in respect of an offence any punishment which may in respect of a similar offence be awarded in England: provided that (a) imprisonment with hard labour shall be substituted for penal servitude, and (b) the Supreme Court shall not award a fine exceeding £1,000, or, in case of a continuing offence, in addition to imprisonment or fine, or both, a fine exceeding £10 for each day during which the offence continues after conviction.
(2) A Provincial Court may award imprisonment, not exceeding twelve months, with or without hard labour, and with or without a fine not exceeding £100; or a fine not exceeding £100, without imprisonment; or in case of a continuing offence, in addition to imprison- ment or fine, or both, a fine not exceeding £2 for each day during which the offence continues after con- viction.
(3) But nothing in this Article shall be deemed to empower any Court to award for any offence any punishment not authorised by law in relation to that offence. 64.-(1) If a British subject is guilty of an offence against this Order not distinguished as a grave offence against this Order, he is liable:
(i) To a fine not exceeding £5, without imprisonment:
or
(ii) To imprisonment not exceeding one month, without
fine; or
(iii) To imprisonment not exceeding fourteen days, with s
fine not exceeding 50s.
(2) Imprisonment under this Article is without hard labour. 65.--(1) If a British subject is guilty of an offence against this Order, distinguished as a grave offence against this Order, he is liable :-
(i) To a fine not exceeding £10, without imprisonment; or (ii) To imprisonment not exceeding two months, without
fine; or
(iii) To imprisonment not exceeding one month, with a fine
not exceeding £5.
(2) Imprisonment under this Article is, in the discretion of the Court, with or without hard labour.
68.(1) The Court may, if it thinks fit, order a person con- victed of an assault to pay to the person assaulted by way of damages any sum not exceeding £20.
(2) Damages so ordered to be paid may be either in addition to or in lieu of a fine, and shall be recoverable in like manner as a fine.
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