Section 179 of Criminal Procedure Code CAP 75: When offence proved is included in offence charged
(1) When a person is charged with an offence consisting of several particulars,a combination of some only of which constitutes a complete minor offence, and the combination is proved but the remaining particulars are not proved, he may be convicted of the minor offence although he was not charged with it.
(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence although he was not charged with it.
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(1) In trials by or before a magistrate, the evidence of the witnesses shall be recorded in the following manner—
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(1) Whenever any evidence is given in a language not understood by the accused, and he is present in person, it shall be interpreted to him in open court in a language which he understands.
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- Section 203 - Appearance of both parties
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- Section 206 - Non-appearance of parties after adjournment
(1) If, at the time or place to which the hearing or further hearing is adjourned, the accused person does not appear before the court which made the order of adjournment, the court may, unless the...
- Section 207 - Accused to be called upon to plead
(1) The substance of the charge shall be stated to the accused person by the court, and he shall be asked whether he pleads not guilty, guilty or guilty subject to a plea agreement.
[Issue 2]
(2) If...
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- Section 210 - Acquittal of accused person when no case to answer
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- Section 211 - Defence
(1) At the close of the evidence in support of the charge, and after hearing such summing up, submission or argument as may be put forward, if it appears to the court that a case is made out against...
- Section 212 - Evidence in reply
If the accused person adduces evidence in his defence introducing a new matter which the prosecutor could not by the exercise of reasonable diligence have foreseen, the court may allow the prosecutor...
- Section 213 - Order of speeches
The prosecutor or his advocate and the accused and his advocate shall be entitled to address the court in the same manner and order as in a trial under this Code before the High Court.
- Section 214 - Variance between charge and evidence, and amendment of charge
(1) Where, at any stage of a trial before the close of the case for the prosecution, it appears to the court that the charge is defective, either in substance or in form, the court may make such order...
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The court having heard both the complainant and the accused person, and their witnesses and evidence shall either convict the accused and pass sentence upon or make an order against him according to...
- Section 216 - Evidence relative to proper sentence or order
The court may, before passing sentence or making an order against an accused person under section 215, receive such evidence as it thinks fit in order to inform itself as to the sentence or order...
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The conviction or order may, if required, be afterwards drawn up and shall be signed by the court making the conviction or order, or by the clerk or other officer of the court.
- Section 218 - Order of acquittal bar to further procedure
The production of a copy of the order of acquittal, certified by the clerk or other officer of the court, shall without other proof be a bar to a subsequent information or complaint for the same...
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- Section 275 - Orders for amendment of information, separate trial, and postponement of trial
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(2) Where,...
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- Section 279 - Plea of autrefois acquit and autrefois convict
(1) An accused person against whom an information is filed may plead—
(a) that he has been previously convicted or acquitted of the same offence; or
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- Section 280 - Refusal to plead
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(1) An accused person may plead not guilty, guilty, or guilty subject to a pleaagreement.
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- Section 283 - Power to postpone or adjourn proceedings
(1) If, from the absence of witnesses or any other reasonable cause to berecorded in the proceedings, the court considers it necessary or advisable to postpone the commencement of or to adjourn a...
- Section 300 - Opening of case for prosecution
The advocate for the prosecution shall open the case against the accused person,and shall call witnesses and adduce evidence in support of the charge.