Additional Charges under section 216 of CrPC

648 votes

Kindly be specific while posting your query. What are the contents of the order of the high court? Please note that Section 216 Cr.P.C confers jurisdiction on all Courts, including the designated Courts, to alter or add to any charge framed earlier, at any time before the judgment is pronounced and Sub-Sections (2) to (5) prescribe the procedure which has to be followed after that addition or alteration. Needless to say, the Courts can exercise the power of addition or modification of charges under Section 216 Cr.P.C, only when there exists some material before the Court, which has some connection or link with the charges sought to be amended, added or modified. In other words, alteration or addition of a charge must be for an offence made out by the evidence recorded during the course of trial before the Court. (See Harihar Chakravarty v. State of West Bengal AIR 1954 SC 266. Merely because the charges are altered after conclusion of the trial, that itself will not lead to the conclusion that it has resulted in prejudice to the accused because sufficient safeguards have been built in in Section 216 CrPC and other related provisions. Hope this helps.

Advocate B. Srikiran LawRato

945 votes

Hi
Under Section 216 in The Code Of Criminal Procedure, 1973 Any Court may alter or add to any charge at any time before judgment is pronounced.
However 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.

Advocate Rajagopalan LawRato

690 votes

Yes, Under 216 (1) of Cr.P.C “Any Court may alter or add to any charge at any time before judgment is pronounced”. Good Luck

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