Irregularity in summons, warrants, service or arrest

(1) No irregularity or defect in the substance or form of the warrant, and no variance between the charge contained in the warrant and the charge contained in the information, or between either and the evidence adduced on the part of the prosecution at the preliminary inquiry, shall affect the validity of any proceeding at or subsequent to the hearing. (2) When any accused person is before a magistrate, whether voluntarily or upon summons, or after being apprehended with or without warrant, or while in custody for the same or any other crime, the preliminary inquiry may be held notwithstanding any irregularity, illegality, defect or error in the summons or warrant, or the issuing, service or execution thereof, and notwithstanding the want of any information upon oath, or any defect in the information, or any irregularity or illegality in the arrest or custody of the accused Provided that– (a) the magistrate, if he thinks that the ends of justice require it, may adjourn the hearing of the cause, at the request of the accused person, to some future day, and in the meantime may remand the accused person or admit him to bail; or 28 (b) upon the adjournment, the accused person shall not be committed to prison unless, before his committal, an information in writing and upon oath has been taken.