Section 113, The Criminal Procedure Act, 2024

(1) On the date fixed for committal to the High Court- (a) the prosecution shall make available and produce and tender in Court, the written statements, documents and the physical and material evidence itemised in the list referred to in subparagraph (ii) of paragraph (b) of section 112; (b) the defendant shall, if he has so elected to take the steps mentioned in subparagraphs (i) and (ii) of paragraph (b) of section 112, make available, produce and tender in Court, the written statements made by himself and his witnesses. (2) The committing Magistrate shall, - (a) where a defendant elects to take or not to take any of the steps mentioned in subparagraphs (i) and (ii) of paragraph ( c ) of section 112; and (b) if satisfied that the statements and other evidence as to the commission of the offence or any other indictable offence, produced and tendered under paragraph (a) of subsection (1) of section (113), are sufficient to put the defendant on trial; proceed to commit him for trial in the High Court. (3) The defendant shall, if on the date fixed for the committal hearing, he has indicated in the manner set out in subparagraph (i) of paragraph (c) of section 112 that he wishes to- (a) object to any of the prosecution's written statements, documents or other physical evidence, or (b) cross-examine a witness or witnesses, state his objection or objections or cross examine the witness or witnesses on that date. (4) A Magistrate shall take down the objection made under subsection (3) but shall not determine any of the issues raised in it or make it form part of the record. (5) Where a witness for the prosecution is called on the application of the defendant or his counsel under section 112, - (a) the defendant or his counsel shall proceed to cross-examine such witness or witnesses; (b) the prosecution shall be entitled to crossexamine any alibi witness called by the 60 61 Statements to be provided. (6) The evidence of a witness or witnesses crossexamined under subsection (5) shall be recorded in the form of a deposition which shall be read over and explained to the witness or witnesses in a language which the witness or witnesses understand and witness or witnesses shall then sign the deposition if it is a true record of his evidence and attested to by the Magistrate. (7) A committing Magistrate shall, where he is of the view that the evidence sufficiently shows the commission of an offence other than that with which the defendant is charged, inform the defendant and record his finding in writing and commit the defendant for trial for that offence. (8) Notwithstanding subsection (7) the defendant may, at the close of the prosecution's case, submit to the Court that there is no case to answer. (9) Where a defendant or his counsel makes a no case submission, under subsection (8), he shall first make his submission and thereafter the prosecuting counsel shall reply and the defendant or his counsel shall not be entitled to say anything further and the committing Magistrate shall decide there and then whether to commit or not and record the reasons for his decision. (10) The Court shall, where it considers that the evidence against a defendant is not sufficient to put him on trial, forthwith order him to be discharged as to the particular charge but the discharge shall not be a bar to any subsequent charge in respect of the same facts.