149.
| (1) Any variance between facts stated in the charge read over to the accused under section 146 and the evidence adduced in support thereof as to the time or place at which the offence or act is alleged to have been committed shall not be deemed material if it be proved, in the case of the time, that the charge was in fact laid within the time limited by law for laying the same and, in the case of the place, that the jurisdiction of the court is not ousted hereby. |
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| (2) Any variance in any other respect between the facts stated in the charge and the evidence adduced in support thereof shall not be material : |
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| (3) Where any variance as is mentioned in this section appears to the Magistrate to be such that the accused has been thereby deceived or misled, the Magistrate may upon such terms as he shall think fit adjourn the inquiry to some further day. |
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| (4) Upon any such variance appearing the Magistrate may make such amendment of the charge as he deems fit and may permit any witness to be recalled and further questioned upon any matters relevant to the variance or amended charge. |
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Sri Lanka Consolidated Acts