Section 36: Unnecessary averment

36. Unnecessary averment No information for an offence shall be held to be defective— (a) for want of the averment of any matter which needs not be proved; (b) for the omission of the words— (i) “as appears by the record”; (ii) “with force and arms”; (iii) “against the peace”; (c) for the insertion of the words “against the form of the statute” instead of the words “against the form of the statutes” or vice versa; (d) for the designation of a person in the information by a name of office or other descriptive appellation instead of his proper name; (e) for the omission of the time at which the offence was committed where time is not of the essence of the offence; (f) for stating the time imperfectly; (g) for stating the commission of offence on— (i) a day subsequent to the filing of the information; (ii) an impossible day; or (iii) a day that never happened; (h) for want of, or imperfection in the addition of, any defendant; or (i) for want of— (i) a proper or perfect venue; (ii) a proper or formal conclusion; [Issue 1] C59– 12 Revised Laws of Mauritius (iii) the statement of the value of any matter or the amount of damage, where the value or amount of damage is not of the essence of the offence.