[Rev. 2012]
Criminal Procedure Code
CAP. 75
require him to make a defence, the court shall again explain the substance of the
charge to the accused, and shall inform him that he has a right to give evidence
on oath from the witness box, and that, if he does so, he will be liable to crossexamination, or to make a statement not on oath from the dock, and shall ask
him whether he has any witnesses to examine or other evidence to adduce in his
defence, and the court shall then hear the accused and his witnesses and other
evidence (if any).
(2) If the accused person states that he has witnesses to call but that they are
not present in court, and the court is satisfied that the absence of those witnesses is
not due to any fault or neglect of the accused person, and that there is a likelihood
that they could, if present, give material evidence on behalf of the accused person,
the court may adjourn the trial and issue process, or take other steps, to compel
the attendance of the witnesses.
[Act No. 13 of 1967, First Sch.]
212. Evidence in reply
If the accused person adduces evidence in his defence introducing a new
matter which the prosecutor could not by the exercise of reasonable diligence have
foreseen, the court may allow the prosecutor to adduce evidence in reply to rebut
that matter.
213. Order of speeches
The prosecutor or his advocate and the accused and his advocate shall be
entitled to address the court in the same manner and order as in a trial under this
Code before the High Court.
[Act No. 13 of 1967, s. 2.]
214. Variance between charge and evidence, and amendment of charge
(1) Where, at any stage of a trial before the close of the case for the prosecution,
it appears to the court that the charge is defective, either in substance or in form,
the court may make such order for the alteration of the charge, either by way of
amendment of the charge or by the substitution or addition of a new charge, as the
court thinks necessary to meet the circumstances of the case:
Provided that—
(i) where a charge is so altered, the court shall thereupon call upon the
accused person to plead to the altered charge;
(ii) where a charge is altered under this subsection the accused may
demand that the witnesses or any of them be recalled and give their
evidence afresh or be further cross-examined by the accused or his
advocate, and, in the last-mentioned event, the prosecution shall have
the right to re-examine the witness on matters arising out of further
cross-examination.
(2) Variance between the charge and the evidence adduced in support of it with
respect to the time at which the alleged offence was committed is not material and
the charge need not be amended for the variance if it is proved that the proceedings
were in fact instituted within the time (if any) limited by law for the institution thereof.
C44 - 77
[Issue 1]
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