Section 129:

129. Court may substitute charge (1) (a) Where a person is charged with an offence under section 123A (1) and the Court is of the opinion that the offence is not proved, it may, at any time during or immediately after the hearing, without prejudice to any other power it may possess, direct or allow a charge for an offence under section 123C to be preferred against the accused and proceed with that charge. (b) The accused shall be— (i) informed of the new charge; and (ii) given an opportunity, whether by way of cross-examining any witness whose evidence has already been given against him or otherwise, of answering the new charge. (c) Where the Court considers that the accused is prejudiced in his defence by reason of the new charge being preferred against him, it shall adjourn the hearing. (2) An accused in whose case the requirements of section 130 have been satisfied, or do not apply, with regard to the alleged offence under [Issue 7] R27 – 114 (4) Revised Laws of Mauritius section 123A (1), may, notwithstanding that those requirements have not been satisfied with regard to the alleged offence under section 123C, be convicted on a charge being preferred under subsection (1). [S. 129 amended by s. 6 of Act 9 of 2003 w.e.f. 1 September 2003.]