Illustrations : (a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected. (b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B. (c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false. 194. Effect of Errors. No error in stating either the offence or the particulars required to be stated in the charge and no omission to state the offence of those particulars shall be regarded at any stage of the case as materials, unless the accused was in fact misled by such error or omission and it has occasioned a failure of justice. Illustrations : (1) (2) 195. A is charged with cheating B, and the manner in which he cheated b is not set out in the charge or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court or the confirming authority may infer from this that the omission to set out the manner of the cheating is not material. (a) A is charged with cheating B. and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no knowledge to which of them the charge referred and offered no defense. It may be inferred from such facts that the omission to set out the manner of the cheating was in this case a material error. (b) A is charged with the murder of B on 21st January 2000. In fact the murdered person’s name was B and the date of the murder was the 30th January, 2000. A was never charged with any murder but one and had heard the inquiry before the Magistrate, which referred exclusively to the case of B. It may be inferred from these facts that A was not mislead and that the error in the charge was immaterial. A was accused of murdering B on the 20th January 2000 and B (who tried to arrest him for that murder) on the 21st January, 2000. He was, upon a charge tried for referring to the murdered man as ‘B’ the murder of ‘B’. The witnesses present in his defense were witnesses in the case of B. It may be inferred from this that A was mislead and that the error was material. Power of Court to Frame, Alter or Add to Charge. (1) When any person is committed for trial without a charge the Court may frame a charge against him. 65