(2) Subject to the provisions of this code as to the joinder of charges and the separate trial of distinct offences any Court may at any time before judgement is pronounced frame a new charge or additional head of charge or amend any charge which is erroneous or defective; provided always that a High Court shall not frame a charge or head of charge based on facts of which evidence has not been taken at the magisterial inquiry. (3) Every charge or head of charge so framed, added or amended shall be read and explained to the accused and his plea thereof shall be taken. 196. When Court may Proceed with Trial Immediately after Framing, Altering or adding to Charge. If the charge as revised under section 195 is such that proceeding immediately with the trial is not likely in the opinion of the Court to prejudice the accused in his defense of the prosecutor (if any) in the conduct of the case, the Court may in its discretion forthwith proceed with the trial as if the charge so revised had been the original charge. 197. When New Trial may be Directed, or Trial Suspended. If the revised charge is such that proceeding immediately with the trial is likely in the opinion of the Court to prejudice the accused or the prosecutor as aforesaid, the Court may either, direct a new trial or adjourn the trial for such period as may be necessary. 199. Recall of witnesses when Charge Revised. For every distinct offence of which any person is accused there shall be a separate charge and every such charge shall be tried separately, except in the cases mentioned in sections 200, 201, 202, 203 and 296. Illustration. A is accused of theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and for causing grievous hurt. 200. Offences of like Character may be Charged Together. Where a person is accused of several offences of the same or similar character he may be charged with and tried at one trial for any number of them; provided that if the Court, before the trial or at any stage of the trial before judgment is pronounced, considers that he may be prejudiced or embarrassed in his defense by such procedure or that for any other reason it is desirable to do so, the Court may order a separate trial for any one or more of such charges. 66

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