CrPC 216 — Court may alter charge

Code of Criminal Procedure, 1973

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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