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Is alteration allowed after 3.5 yrs after filing charge sheet.


08-Aug-2025 (In Criminal Law)
Initial complaint, fir and charge sheet mentioned about 354-d pocso 11&12 the case was they boy harrasing the girl for love now the complaint say that it was a consensual romatic relation in court during evidence and will the court allow that, is adding or alteration crpc 216 allowed in this case currently.
Answers (3)

Answer #1
892 votes
Yes, CrPC 216 empowers the court to: Add, alter, or drop charges at any stage before judgment. If the evidence now suggests no offence under POCSO, the court may drop POCSO charges Or, if the court finds evidence of some other offence (e.g., IPC 417 for cheating), it may add new charges so yes alteration under section 216 is allowed under crpc in our case, but subject to judicial discretion and fairness to both sides.
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Advocate Jaya Prakash

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LawRato Hyderabad | 25+ Answers
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Answer #2
508 votes
Under Section 216 CrPC, the Court has power to alter or add charges at any stage before judgment if evidence so warrants. However, in a POCSO case, even if the complainant states it was a consensual romantic relationship, consent of a minor is not legally valid, and the offence remains. If the prosecutrix was above the age of consent at the time, the Court may consider alteration of charges if supported by evidence. The prosecution can also move for discharge or modification based on changed testimony, but the final discretion lies with the trial court.
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Advocate Mrudhula Jahnavi

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Answer #3
625 votes
Under CrPC the court can alter or add charges at any stage before judgement if evidence justifies it. However in Pocso cases even if the complainant later states it was consensual, consent is legally irrelevant if the girl was a minor at the time. The charges may still stand. The defence can use her changed statement to challenged credibility, but final decisions rests with the Judge after evaluating all evidence. Immediate legal representation is essential to argue for charge modification or discharge.
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Advocate Pavani Kumari

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LawRatoGuntur | 400+ Answers
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