BNSS 239 — Court may alter charge.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(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.

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