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Changing of sec in FIR on the basis of second medical


07-Jun-2024 (In Criminal Law)
Sir, there has been a quarrel on property. During quarrel one person sustained minor injury in head. After medical charges under 323 was imposed. But pus formed in the head due to heavy lifting. After about 10 days they went to the same doctor and got referred the person in another hospital and there he got stitches on hear injury. Can new charges like 325 or 307 be imposes on this another medical report of hospital where person was referred? There has been 2 months and IO threatening to add 307
Answers (5)

Answer #1
886 votes
Well charges can be added now on the basis of second medical report but you have to contest it during framing of charges by the trial court or else you will have to contest in the trial that pus was formed due to the negligence of the victims and not due to the injury inflicted by accused
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Answer #2
659 votes
if there are such circumstances then there might be a possibility of such things to happen but it depends on many factors and you have to state first some information regarding your situation. injury sustained are of grievous nature or simple
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Answer #3
946 votes
Yes sir IO cannot threaten you he can only file the case against you and don’t have to worry about this situation because the court decided about your charges which put on you .you can consult about this situation
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Answer #4
612 votes
Yes...even if the FIR is saying section 323 if the police official (IO) is of the view that the victim had sustained grievous hurt then he/she can always write it down in the chargesheet and add more or even modify the sections. For more legal assistance I am just a call away.
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Answer #5
591 votes
Seek a detailed legal consultation from an Advocate and get the contents of FIR and MLC legally perused. Sections imposed under the FIR can be changed by the investigating officer provided he has sufficient incriminating evidence with him. Do engage a good lawyer and get yourself properly represented
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