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CrPC Section 216. Court may alter charge


 
Category of Bare Act Name of the Act Year of Promulgation
Criminal Laws Code of Criminal Procedure 1973
Act Number Enactment Date Chapter Number
02 01-04-1974 17
Chapter Title Ministry Department
The Charge Ministry of Home Affairs Department of Internal Security

(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) lf the offence stated in the altered or added charge is one for the prosecution of which previous section 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.

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Related judgement on CrPC Section 216. Court may alter charge

M/S BANDEKAR BROTHERS PVT.LTD. vs. PRASAD VASSUDEV KENI, 2020 Latest Caselaw 491 SC DR.NALLAPAREDDY SRIDHAR REDDY vs. STATE OF ANDHRA PRADESH, 2020 Latest Caselaw 57 SC MALA SINGH & ORS. Vs STATE OF HARYANA, 2019 Latest Caselaw 114 SC State of Haryana Vs. Rajesh Aggarwal & ANR. [August 20, 2018], 2018 Latest Caselaw 565 SC Girish Kumar Suneja Vs. C.B.I. [July 13, 2017], 2017 Latest Caselaw 455 SC State (through) Central Bureau of Investigation Vs. Shri Kalyan Singh (former CM of UP) & Ors. [April 19, 2017], 2017 Latest Caselaw 340 SC Sri Ganesh Vs. State of Tamil Nadu and ANR. [January 6, 2017], 2017 Latest Caselaw 29 SC R.Rachaiah Vs. Home Secretary, Bangalore [MAY 05, 2016], 2016 Latest Caselaw 354 SC Anant Prakash Sinha @ Anant Sinha Vs. State of Haryana & ANR. [March, 4, 2016], 2016 Latest Caselaw 220 SC Darshan Singh Saini Vs. Sohan Singh and another [JULY 23, 2015], 2015 Latest Caselaw 472 SC C.B.I. Vs. Karimullah Osan Khan [March 4, 2014], 2014 Latest Caselaw 154 SC Umesh Kumar Vs. State of Andhra Pradesh [September 6, 2013], 2013 Latest Caselaw 611 SC Jasvinder Saini & Ors. Vs. State (Govt. of NCT of Delhi) [July 02, 2013], 2013 Latest Caselaw 468 SC Bhimanna Vs. State of Karnataka [September 4, 2012], 2012 Latest Caselaw 471 SC C.B.I. & Ors. Vs Keshub Mahindra etc. etc., 2011 Latest Caselaw 395 SC Vasant Arjunrao Bhandak Vs. State of Karnataka [2002] INSC468 (12 November 2002), 2002 Latest Caselaw 469 SC Arvind Singh Vs. State of Bihar [2001] INSC 247 (26 April 2001), 2001 Latest Caselaw 247 SC Habeeb Mohammad Vs. The State of Hyderabad [1953] INSC 53 (5 October 1953), 1953 Latest Caselaw 53 SC