CRIMINAL PROCEDURE AND EVIDENCE ACT 170 Objections to indictment, how and when to be made (1) Any objection to an indictment for any formal defect apparent on the face thereof shall be taken by exception or by application to quash such indictment before the accused has pleaded, but not afterwards. (2) Any objection to a summons or charge for any formal defect apparent on the face thereof which is to be tried by a magistrates court shall be taken by exception before the accused has pleaded, but not afterwards. (3) Any court before which any objection is taken in terms of subsection (1) or (2) may, if it is thought necessary and the accused is not prejudiced as to his defence, cause the indictment, summons or charge to be forthwith amended in the requisite particular by some officer of the court or other person, and thereupon the trial shall proceed as if no such defect had appeared. 171 Exceptions (1) When the accused excepts only and does not plead any plea, the court shall proceed to hear and determine the matter forthwith and if the exception is overruled, he shall be called upon to plead to the indictment, summons or charge. (2) When the accused pleads and excepts together, it shall be in the discretion of the court whether the plea or exception shall be first disposed of. 172 Certain omissions or imperfections not to invalidate indictment No indictment, summons or charge in respect of any offence shall be held insufficient— (a) for want of the averment of any matter unnecessary to be proved; or (b) because any person mentioned therein is designated by a name of office or other descriptive appellation instead of by his proper name; or (c) because of an omission to state the time at which the offence was committed in any case where time is not of the essence of the offence; or (d) because the offence is stated to have been committed on a day subsequent to the lodging of the indictment or the service of the summons or charge or, subject to section one hundred and seventy-four, on an impossible day or on a day that never happened; or (e) for want of or imperfection in the addition of any accused or any other person; or (f) for want of the statement of the value or price of any matter or thing or the amount of damage, injury or spoil in any case where the value or price or the amount of damage, injury or spoil is not of the essence of the offence. 173 Averments as to time of commission of offence If any particular day or period is alleged in any indictment, summons or charge as the day on or period during which any act or offence was committed— (a) proof that such act or offence was committed on any other day or time not more than three months before or after the day or period stated therein shall be taken to support such allegation if time is not of the essence of the offence; (b) proof may be given that the act or offence in question was committed on a day or time more than three months before or after the day or period stated in the indictment, summons or charge, unless it is made to appear to the court before which the trial is being held that the accused is likely to be prejudiced thereby in his defence upon the merits, and if the court considers that the accused is likely to be thereby prejudiced in his defence upon the merits, it shall reject such proof and the accused shall be in the same position as if he had not pleaded. 174 Proceedings where indictment alleges offence committed on impossible day If in any case no day is stated in the indictment, summons or charge or an impossible day or a day that never happened is stated, the accused may, at any time before pleading, apply to the High Court or any judge, or to the court in which he is indicted or charged, and such court or judge shall, upon being satisfied by affidavit or otherwise that the accused is likely to be preju- 77