Chapter XVII
Section 216 CrPC: Court may alter charge
New Law Update (2024)
Section 232 BNSS
TRIAL COURT
Any Court conducting a trial
Punishment
Procedural – Trial / Charge
Cognizable?
Bailable?
Compoundable?
Bare Act 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 had been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.
Important Sub-Sections Explained
Section 216(1)
This sub-section empowers any Court to modify or add to a criminal charge at any time before the final judgment is delivered, providing significant flexibility in trial proceedings.
Section 216(3)
It stipulates that if an alteration or addition to a charge is deemed not to prejudice the accused or the prosecutor, the Court may, in its discretion, proceed immediately with the trial as if the modified charge was the original one.
Landmark Judgements
Mohan Singh v. State of Bihar (1995):
The Supreme Court held that the power to alter or add a charge is very wide and can be exercised at any time before the pronouncement of judgment, provided no prejudice is caused to the accused. The Court emphasized it’s a mandatory provision to be invoked when evidence discloses an offence other than the one charged.
Hasanbhai Valibhai Qureshi v. State of Gujarat (2004):
The Supreme Court reiterated that Section 216 CrPC confers power upon the Court to alter or add to any charge at any time before judgment. It underscored the importance of ensuring that the accused is not prejudiced and is given a fair opportunity to defend against the altered or added charge.
P. Vijayan v. State of Kerala (2010):
The Supreme Court ruled that the power under Section 216 CrPC is not merely a power but a duty of the Court to correct the charge if the evidence warrants it. This duty ensures that the ends of justice are met, even if the prosecution has not sought such alteration, subject to the principles of natural justice.