[Rev. 2012]
Criminal Procedure Code
CAP. 75
and in cases where the operation of any such order is suspended until the
determination of the appeal, the order shall not take effect as to the property in
question if the conviction is quashed on appeal.
(5) The Chief Justice may make rules for securing the safe custody of property,
pending the suspension of the operation of an order made under this section.
(6) A person aggrieved by an order made under this section may appeal to the
High Court, and upon the hearing of the appeal the court may by order annul or
vary an order made on a trial for the restitution of property to any person, although
the conviction is not quashed; and the order, if annulled, shall not take effect, and,
if varied, shall take effect as so varied.
(7) In this section and in section 177, “property” includes, in the case of
property regarding which the offence appears to have been committed, not only
property which was originally in the possession or under the control of a person
but also property into which or for which it may have been converted or exchanged
and anything acquired by the conversion or exchange whether immediately or
otherwise.
[Act No. 27 of 1961, Sch., Act No. 11 of 1970, Sch.]
CONVICTIONS FOR OFFENCES OTHER THAN THOSE CHARGED
179. 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.
180. Persons charged with any offence may be convicted of attempt
When a person is charged with an offence, he may be convicted of having
attempted to commit that offence although he was not charged with the attempt.
181. Charges of certain offences respecting infant and unborn children, and
abortion, etc.
(1) When a woman is charged with the murder of her child, being a child under
the age of twelve months, and the court is of the opinion that she by a wilful act or
omission caused its death but at the time of the act or omission she had not fully
recovered from the effect of giving birth to that child and that by reason thereof or by
reason of the effect of lactation consequent upon the birth of the child the balance
of her mind was then disturbed, she may, notwithstanding that the circumstances
were such that but for the provisions of section 210 of the Penal Code she might
be convicted of murder, be convicted of the offence of infanticide although she was
not charged with it.
(2) When a person is charged with the murder or manslaughter of a child or
with infanticide, or with an offence under section 158 or section 159 of the Penal
Code (relating to the procuring of abortion), and the court is of the opinion that he
C44 - 69
[Issue 1]
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents