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give permission. But a revision to the title of an offence or a detail which has to be stated in the charge, or an addition of the title of an offence or a detail which has not been stated in the charge, regardless of whichever stage of the trial before the court of first instance it is made at, shall not be deemed prejudicial to the accused, save where the accused has been misled to defend the incorrect or unstated point.
Section165.In a case instituted by a public prosecutor, on the preliminary examination day, the accused shall come or be taken under custody to the court and the court shall serve a copied charge upon them one by one. When the court believes that they are the real accused, it shall read and explain the charge to them and ask if they have actually committed the offence and how they would reply in defence. The replies of the accused shall be docketed. If the accused refuse to reply, the court shall docket this and proceed with the preliminary examination.
The accused have no power to adduce evidence in the preliminary examination instance. But this does not preclude the right of the accused to be assisted by an attorney.
In a case instituted by a citizen, the court has the power to conduct a preliminary examination in absence of the accused. The court shall serve a copied charge upon each of the accused and notify them of the day scheduled for the examination. The accused may attend or dispense with attending the preliminary examination. If they attend it, they may be assisted by an attorney
