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Is it possible that judge can change the section from 304A to 304
13-Sep-2023 (In Criminal Law)
Is it possible that judge can change the section from 304A imposed by police to 304 section on request by the petitioner .
No the judge cannot change the section or charge on request of the accused/ petitioner. after hearing the arguments or looking into the charge sheet/ FIR only then the court upon consideration amend the sections from the earlier ones.
Adv. Siddhant Sharma
Delhi | 500+ Answers
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if there is any such kind of evidence on the file, which comply up the ingredients of section 304 IPC, then then Judicial Officer can change the section 304-A imposed by police to 304 IPC. if it is occurred then must challenge the said order
Adv. Raj Kumar Mahay
Nawanshahr | 25+ Answers
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Yes he has ample power to do it. You too can challenge his decision in High Court or session. If petitioner is not happy again he can challenge it in high court. Both have rights like judge to do whatever you want.
Adv. Satish Mishra
Chandigarh | 100+ Answers
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