Section 21: Variance between information and evidence

21. Variance between information and evidence (1) (a) Where, on the trial of an information for a crime or misdemeanour, there appears to be a variance between a statement in the information and the evidence offered in proof in— (i) the name or description of a town, district or place mentioned or described in the information; (ii) the name or description of a person, stated or alleged to be the owner of any property which forms the subject of the offence charged; (iii) the name and description of a person stated or alleged to be injured or damaged or intended to be injured or damaged by the commission of such offence; (iv) the first name or surname, or both the first name and surname, or other description, of a person named or described in the information; (v) the name or description of any matter named or described in the information; or (vi) the ownership of any property named or described in the information, the Court before which the trial takes place may, if it considers that the variance is not material to the merits of the case, and that the accused cannot be prejudiced in his defence on the merits, order the information to be amended according to the proof, by some officer of the Court or other person, both in that part of the information where the variance occurs, and in every other part of the information which it may become necessary to amend, on such terms as it thinks reasonable, including the postponement of the trial before the same or another jury. (b) Where the information has been amended, the trial shall proceed in the same manner, in all respects, and with the same consequences, both with respect to the liability of witnesses to an information for perjury and otherwise, as if no such variance had occurred. (2) Where a trial is postponed under subsection (1), the Court may respite the recognisances of the witnesses and of the accused, and any sureties and, in such case, the witnesses shall be bound to attend trial at the time [Issue 1] C59– 8 Revised Laws of Mauritius and place to which it is postponed, without entering into any fresh recognisances for that purpose, in the same manner as if they were originally bound by their recognisance to appear and prosecute or give evidence at the time and place to which the trial has been so postponed. (3) Where the trial takes place before another jury, the State and the accused shall respectively be entitled to the same challenges as they were respectively entitled to before the first jury was sworn. [S. 21 amended by Act 48 of 1991.]