CRIMINAL PROCEDURE.
No. 9 of 1899.
923
51. The accused person, on being arraigned, by pleading generally the plea of "Not Guilty," shall, by such plea, without further form, be deemed to have put himself upon the country for trial.
Effect of plea of Not Guilty.
52. If an accused person, on being arraigned, stands mute of malice or will not answer directly to the indictment, the Court shall, if it thinks fit, order the Registrar to enter a plea of "Not Guilty" on behalf of such accused person; and the plea so entered shall have the same force and effect as if such accused person had actually pleaded the same.
Procedure where accused person does not answer directly.
53. Where an indictment contains a count charging the accused person with having been previously convicted, he shall not, at the time of his arraignment, be required to plead to it unless he pleads guilty to the rest of the indictment, nor shall such count be mentioned to the jury when he is given in charge to them or when they are sworn, nor shall he be tried upon it if he is acquitted on the other counts; but, if he is convicted on any other part of the indictment, 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.
Procedure on indictment containing count charging previous conviction.
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.
* As amended by No. 50 of 1911 and No. 1 of 1912.
CRIMINAL PROCEDURE.
No. 9 of 1899.
923
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51. The accused person, on being arraigned, by pleading Effect of generally the plea of "Not Guilty," shall, by such plea, without plea of Not
Guilty. further form, be deemed to have put himself upon the country for trial.
where
arraignment
52. If an accused person, on being arraigned, stands mute of Procedure malice or will not answer directly to the indictment, the Court
accused per- shall, if it thinks fit, order the Registrar to enter a plea of “Not son on Guilty on behalf of such accused person; and the plea so entered does not shall have the same force and effect as if such accused person had answer
directly. actually pleaded the same.
11
conviction.
53. Where an indictment contains a count charging the accused Procedure on
indictment 'person with having been previously convicted, he shall not, at the
containing time of his arraignment, be required to plead to it unless he pleads count
charging guilty to the rest of the indictment, nor shall such count be previous mentioned to the jury when he is given in charge to them or when they are sworn, nor shall he be tried upon it if he is acquitted on the other counts; but, if he is convicted on any other part of the indictment, he shall be asked whether he has been previously con- victed 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.
substance to indictment.
54. (1) No objection to an indictment shall be taken by way of Objection of demurrer, but if an indictment does not state in substance an in- dictable offence or states an offence not triable by the Court, the accused person may move the Court to quash it or in arrest of judg-
ment.
(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.
* As amended by No. 50 of 1911 and No. 1 of 1912.
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