Court may alter charge
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Summary
Any court may alter or add to a charge any time before judgment, and must read and explain the change to the accused. If the change will not prejudice the accused or the prosecutor, the court may proceed as if the altered or added charge was the original. If it would prejudice either side, the court may adjourn or order a new trial. If the new charge needs prior sanction, the case waits for that sanction unless one was already obtained for the same facts.
Example
Aditya is on trial for damaging a neighbour's property. Mid-trial the court alters the charge to include malicious mischief and reads and explains the change to Aditya. If the court thinks this addition will not prejudice Aditya or the prosecutor, it may continue the trial as if the altered charge had been the original; if it would prejudice either side, the court may adjourn or order a new trial. If the added offence requires prior sanction, the trial must wait for that sanction unless one was already obtained for the same facts.
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 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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