If a single act or series of acts is such that it is doubtful which of several offences the provable facts will constitute, the accused may be charged with all or any of those offences and any number of the charges may be tried at once, or the accused may be charged in the alternative with any one of those offences.
Section history
Section 138 — If it is doubtful what offence has been committed
As in force on 26 June 2023.
Timeline 4 versions
- 2 January 2011 Enacted
- 2 January 2021 Act 40 of 2019
- 31 December 2021 Revised edition
- 26 June 2023 You are here
- 17 August 2026 Latest
Illustrations
(a) A is accused of an act that may amount to theft or receiving stolen property or criminal breach of trust or cheating. A may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or A may be charged with having committed theft or receiving stolen property or criminal breach of trust or cheating.
(b) A states on oath before the committing Magistrate that A saw B hit C with a club. Before the General Division of the High Court, A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence although it cannot be proved which of these contradictory statements was false.