Section 107, The Criminal Procedure Act, 2024

(1) A Magistrate Court shall, where, before trial uponinformation or at any stage of the trial, it appears to the Court that- (a) the information is defective in a material particular; or (b) the evidence discloses an offence other than the offence with which the defendant is charged; make such order for the amendment of the information as it thinks necessary to meet the circumstances of the case, unless having regard to the merits ofthe case, the required amendment cannot be made without injustice. (2) An order for the amendment of the information under subsection (1), may be by way of amendment of the information or by the substitution or addition of a new charge and on such terms as shall seem to the Court to be just. (3) A Magistrate Court shall, where an information is amended under subsection (1), - (a) call upon the defendant to plead to the amended information; (b) at the request of the defendant, recall any of the witnesses for the prosecution, or for the defence, for further cross-examination or reexamination, as the case may be. 54 55 Evidence in reply. Amendment information. (4) Variance between the information and the evidence adduced in support of it with respect to the time at which the alleged offence was committed is not material, if it is proved that the information was in fact made within the time, if any, limited by law for its making. (5) A Magistrate Court shall,- (a) where an amendment of an information is made under subsection (1) or there is a variance between the information and the evidence as described in subsection (4); and (b) it is of the opinion that the defendant has been thereby deceived or embarrassed; allow a witness to be recalled and further questioned upon any matter relevant to the amended or varied charge and adjourn the trial for such period as may be reasonably necessary.