Court may alter charge
AI Assist
Summary
Any court can alter or add to a charge at any time before judgment. The altered or added charge must be read and explained to the accused. If the court thinks the change will not prejudice the accused or the prosecutor, the trial may continue as if the new charge were original; if it would prejudice either side, the court can adjourn or order a new trial. If the added charge needs prior sanction, the case cannot proceed until that sanction is obtained unless one already exists for the same facts.
Example
Priya is on trial for theft when the court, during evidence, adds a charge of cheating and reads it out to her. If the judge thinks that addition will not prejudice Priya or the prosecutor, the trial continues as if cheating was the original charge; if it would prejudice either side, the court may adjourn or order a new trial. If the cheating charge requires prior sanction, prosecution must obtain that sanction before proceeding.
Bare Act
Enacted 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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