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    Question

    Section 238 deals with errors in the charge. When is an

    error or omission considered material? 
    A Always, regardless of circumstances Correct Answer Incorrect Answer
    B Only if the accused was in fact misled and it caused failure of justice Correct Answer Incorrect Answer
    C Only if the accused admits it Correct Answer Incorrect Answer
    D Only if the prosecution consents Correct Answer Incorrect Answer
    E Only for offences punishable with imprisonment Correct Answer Incorrect Answer

    Solution

    Section 238 provides that errors or omissions are material only if they mislead the accused and cause failure of justice.

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