Section 139, The Criminal Procedure Act, 2024

(1) Where, before trial upon indictment or at any stage ofthe trial, it appears to the Court that the indictment is defective in a material particular or the evidence discloses an offence other than the offence with which the defendant is charged, the Court shall make such order for the amendment of the indictment as the Court thinks necessary to meet the circumstances of the case, unless having regard to the merits of the case, the required amendments cannot be made without injustice. (2) An amendment under subsection (1), shall - (a) be made upon such terms that the Court thinks just; and (b) include the addition, substitution or deletion of a count if the evidence so warrants. (3) Where an indictment is amended, Court shall - (a) endorse a note of the amendment on the indictment and the indictment shall be treated for the purposes of all proceedings in connection with the indictment as having been filed in the amended form; and (b) call on the defendant to plead to the amended (4) Where an amendment of an indictment is made under subsection (1) and the Court is of the opinion that the defendant may be prejudiced or embarrassed in his defence by reason of the amendment, the Court may allow any witness to be recalled and further questioned upon any matter relevant to the amended indictment.