up in amended form, without noticing the amendmeuts.

VII. If it shall become necessary at any time, for any Records to be drawn purpose whatsoever, to draw up a formal record in any case where any amendment shall have been made under the provisions of this Act, such record shall be drawn up in the form in which the indictment is after such amendment shall have been made, without taking any notice of the fact of such amendment having been made.

VIII. In an indictment for theft the person indicted Form of indictment may be charged with having dishonestly taken the property in cases of theft. stated in the indictment out of the possession of the person mentioned therein without that person's consent, and in support of such allegation it shall be sufficient to prove that the person indicted, intending to take dishonestly such property out of the possession of the person mentioned in the indiotment, without that person's consent, moved that property in order to such taking.

IX. In an indictment for murder or culpable homicide not amounting to murder, or for abetting murder or culpable homicide not amounting to murder, or for attempting to commit inurder, which shall be preferred after this Act shall come into operation, it shall not be necessary to set forth the manner in which, or the means by which the death of the deceased was caused or attempted to be caused.

The means by which the injury was in flicted need not be specified in indictments for murder and culpable homicide.

cases of murder.

X. In an indictment for murder it shall be sufficient to Form of indictment in state that the person charged with the offence did murder the deceased by doing an act with the intention of causing the death of a human being, or, as the case may be, by doing an act with the intention of causing such bodily injury to the deceased as the offender knew to be likely to cause the death of the deceased, or by doing an act with the intention of causing bodily injury to some person, and that the bodily injury intended to be inflicted was sufficient in the ordinary course of nature to cause death, or by doing an act knowing it to be so imminently dangerous that it must in all probability cause the death of a human being, or such bodily injury as was likely to cause the death of a human being, and committing such act without any excuse for incurring the risk of causing death or such injury as aforesaid, and in any indictment for abetting murder or for attempt

Upon indictment for

ing to commit murder, it shall be sufficient to state that the person charged with the offence abetted the murder of the deceased or attempted to murder the deceased, as the case may be.

XI. Upon an indictment for murder, the jury may find murder, jury may the person charged with the offence not guilty of murder, guilty of culpable ho- but guilty of culpable homicide not amounting to murder.

find the accused

micide not amount

ing to murder.

find the accused

Upon indictments for XII. Upon an indictment for the murder of a child, the murder, jury may jury may find the person indicted not guilty of murder, but guilty of concealing, guilty of intentionally concealing or endeavouring to conceal the birth of such child under Section 318 of the Indian Penal Code, and the person so found guilty shall be liable to be punished under the said section of the said code.

or endeavouring to

conceal the birth of a child.

Not necessary

to

specify the particular kind of grievous hurt.

Provision for cases of

trial for causing other similar offen

ces.

Form of indictment in cases respecting instruments or docu

ments.

Intent to defraud

XIII. It shall not be necessary, in an indictment for voluntarily causing grievous hurt to specify the particular kind of grievous hurt.

XIV. Upon an indictment for voluntarily causing grievous hurt, or for voluntarily causing hurt to any person, or for an offence under Section 336, 337 or 338 of the Indian Penal Code, the person indicted shall not be entitled to be acquitted upon the ground that the hurt caused the death of the person injured, or that the person indicted was guilty of culpable homicide.

XV. In an indictment in which it shall be necessary to mention any instrument or document, or to make an averment or allegation respecting any instrument or document, it shall be sufficient to describe such instrument or document by any 'name or designation by which the same is usually known, or by the purport thereof, without setting out any copy or fac-simile thereof, or otherwise describing the same or the value thereof.

XVI. In an indictment in which it shall be necessary particular person need not be alleged to allege an intent to defraud, it shall not be necessary to allege or prove an intent to defraud any particular person, but it shall be sufficient to allege and prove an intent to defraud.

or proved.

A party indicted for

XVII. If, on the trial of any person charged with any found guilty of an offence, it shall appear to the jury upon the evidence that

an offence may be

the person charged did not complete the offence charged, but was guilty of an offence within the meaning of Section 511 of the Indian Penal Code by attempting to commit such offence, or to cause such offence to be committed, and in such attempt doing an act towards the commission of such offence, such person shall not by reason thereof be entitled to be acquitted, but the jury shall be at liberty to return as their verdict that the person accused is not guilty of the offence charged, but is guilty of an attempt to commit the same within the meaning of Section 511 of the Indian Penal Code, and the offender so found guilty shall be liable to be punished in the same manner as if he had been convicted upon an indictment framed under the said section for attempting to commit the particular offence charged in the indictment, and no person so tried as herein fastly mentioned shall be liable to be afterwards prosecuted for an attempt to commit the offence for which he was so tried.

XVIII. If, upon the trial of any person indicted for criminal misappropriation of property, it shall be proved that he was guilty of committing theft of such property, he shall not by reason thereof be entitled to be acquitted of the offence charged against him.

XIX. If, upon the trial of two or more persons indicted for jointly receiving stolen property, it shall be proved that one or more of such persons separately received any part of such property, it shall be lawful for the jury to convict upon such indictment such of the said persons as shall be proved to have received any part of such property.

attempt to commit

the same, and shall be liable to the same consequences as if.charged with and convicted of

the attempt only. No person so tried to be afterwards prosecuted for the

same.

If person indicted for criminal misappropriation be proved guilty of theft.

Upon an indictment for jointly receiv ing, persons guilty of separately receiving may be convicted.

may be indicted and punished in the absence of the principal.

XX. A person may be indicted and punished for abet- Abettor of an offence ting an offence which has been committed in consequence of the abetment, notwithstanding the person who committed the offence shall not have been indicted or found guilty, or shall not be in custody or amenable to justice, and every abettor of an offence may be indicted, tried, and punished for the abetment as a substantive offence, and may be tried either jointly with the principal offender or separately, and punished by any of Her Majesty's supreme courts of judicature which would have power to try the principal offender, or which would have power to try the abettor if he had com

mitted the offence himself, either in the place in which he is guilty of the abetment, or in the place in which any act shall have been committed in pursuance of the abetment.

Receiver of stolen pro- XXI. A person may be indicted and punished for disperty may be indicted and punished honestly receiving or retaining stolen property, notwithstandin the absence of ing the person by whose offence the possession of such prothe principal. perty shall have been transferred, or who shall have criminally misappropriated such property or committed criminal breach of trust in respect thereof, shall not have been found guilty of such offence, or shall not be in custody or amenable to justice.

Insertion of several

counts in the same

the same person.

XXII. It shall be lawful to insert several counts in the indictment against same indictment against the same person for different offences. But the judge before whom the person indicted shall be tried, may direct that any one or more of the counts shall be treated as a distinct indictment or indictments, and that the person indicted shall be tried thereupon in the same manner as if such count or counts had been in separate and distinct indictments.

If the property alleg ed in an indicment

for theft appear to

have been taken at different times,

XXIII. If, upon the trial of an indictment for theft, it shall appear that the property alleged in the indictment was at taken or moved at different times, the prosecutor shall not prosecutor need not by reason thereof be required to elect upon which taking or elect, unless where more than three moving he will proceed, unless it shall appear that there takings, or more than six months were more than three takings or movings, or that more than between the first the space of six calendar months elapsed between the first and last taking. and the last of such takings or movings, and in either of such last mentioned cases, the prosecutor shall be required to elect to proceed for such number of takings or movings not exceeding three as shall appear to have taken place within the period of six calendar months from the first to the last of such takings or movings.

Form of indictment for giving or fabricating false evidence, &c.

XXIV. In an indictment for giving or fabricating false evidence, or for using or attempting to use false or fabricated evidence, or for any offence which by the Indian Penal Code is declared to be punishable in the same manner as the offence of intentionally giving false evidence, or for abetting or attempting to commit any of the offences aforesaid, it shall be sufficient to set forth the substance of the offence

charged, without setting out any part of any proceeding either in law or in equity, and without setting forth the commission or authority of the court or person before whom such offence was committed.

government notes may be described simply as money.

XXV. In an indictment in which it shall be necessary Coin and bank or to make any averment as to any money, or any note of any bank, or any note of Government payable on demand, or which by any law is or shall be declared to be a legal tender, it shall be sufficient to describe such money or note simply as money, without specifying any particular coin or bank or other note, and such allegation, so far as regards the description of the property, shall be sustained by proof of any amount of coin or of any such note as aforesaid, although the particular species of coin of which such amount was composed, or the amount, number, or other particulars of the note, shall not be proved, and in cases of obtaining money or any such note or notes as aforesaid by cheating, by proof that the offender obtained any piece or pieces of coin, or any such note or notes, or any portion thereof, or of the value thereof by cheating, although such piece or pieces of coin or note or notes may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same or to any other person or persons, and such part shall have been returned accordingly.

Absence of general

exceptions under the Penal Code to be assumed.

XXVI. It shall not be necessary to allege in an indictment any circumstances for the purpose of showing that the case does not come, nor shall it be necessary to allege that the case does not come, within any of the general exceptions contained in Chapter IV of the Indian Penal Code, or within the exceptions contained in Section 136, Section 300, Section 323, Section 324, Section 325, Section 326, Section 375, or Section 499 of the said code, but every charge shall be understood to assume the absence of all such circumstances, and it shall not be necessary on the part of the prosecutor to prove at the trial the absence of such circumstances in the first instance; but the person indicted shall be entitled to give evidence of the existence of any such Evidence as to genecircumstances, and evidence in disproof thereof may then be

given on the part of the prosecutor,

ral exception.