Delhi HCSupreme CourtNCLTNCLATCCIDRTRERADPDP 2023
BNSS 2023Chapter XVIIICrPC: CrPC Section 216

Section 243

Alteration or addition of charge

The Charge

Plain English Explanation

A charge can be changed or added to at any time before judgment. When changed: (i) The new charge must be read and explained to the accused. (ii) If the change does not prejudice the accused, the trial continues with the new charge. (iii) If the change would prejudice the accused, the court may order a retrial or adjourn. (iv) If the new offence requires government sanction to prosecute, that sanction must first be obtained.

Legal Text

Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 243

(1) Any court may alter or add to any charge at any time before judgment is pronounced. (2) Every such alteration or addition shall be read and explained to the accused. (3) If the alteration or addition to a charge 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, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge. (4) If the alteration or addition is such 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. (5) If the offence stated in the altered or added charge is one 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 on which the altered or added charge is founded.

Keywords

alteration of chargeaddition to chargecharge amendedfresh chargetrial prejudicecharge framing

Related Sections

CrPC Equivalent

CrPC Section 216

View CrPC (Repealed) →

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