110.
| (1) Any court may alter any indictment or charge at any time before judgment is pronounced or, in the case of trials before the High Court, before the verdict of the jury is returned. Every such alteration shall be read and explained to the accused. |
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| (2) The substitution of one charge for another in an indictment or the addition of a new charge to an indictment and in a Magistrate's Court the substitution of one charge for another shall be deemed to be an alteration of such charge within the meaning of this section. |
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| (3) If the alteration made under this section is such that proceeding immediately with the trial is not likely In the opinion of the court to prejudice the accused in his defence or the prosecutor in the conduct of the case, the court may in its discretion alter such alteration has been made proceed with the trial as if the altered indictment or charge had been the original indictment or charge. |
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| (4) If the alteration made under this section Issue. that proceeding immediately with the trial is likely in the opinion of the court to prejudice the accused or the-prosecutor as aforesaid, the court may either direct a new trial or adjourn the trial for such period as may be necessary. |
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| (5) If the Indictment or charge as altered under this section alleges an offence for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained unless sanction has been already obtained for a prosecution on the same facts as those of which the altered charge is founded. |
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| (6) whenever an Indictment or charge is altered by the court after the commencement of the trial the prosecutor and the accused shall be allowed to recall or re-summon and examine with reference to such alteration any witness who may have been examined. |
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Sri Lanka Consolidated Acts