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Section 354 added after charge framing, is it valid


21-Oct-2023 (In Criminal Law)
Regarding 498A,406 & 354. This time I am filling a application of CRPC 216 after 12 year of charge framing. Because at the time when chalan file in court there is section 354 in the file. But at the time when Charge framing The section 354 is add in it agenst my relative. This time it is work or not. At this time in trial court evidence is continues. Please help in the matter.
Answers (2)

Answer #1
676 votes
According to Section 216 (1) of CrPC, any court may alter or add to any charge at any time before judgment is pronounced. The code gives ample power to the courts to alter or amend a charge whether by the trial court or by the Appellate Court provided that the accused has not to face a charge for a new offence or is not prejudiced either by keeping him in the dark about that charge or in not giving a full opportunity of meeting it& putting forward any defence open to him, on the charge finally preferred against him
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Advocate Siddhant Sharma

Adv. Siddhant Sharma

LawRato Delhi | 5+ Answers
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Answer #2
966 votes
Dear Querist, Your query is not very clear. However, you may note that as per Section 216 Cr.P.C., court may alter or add to any charge at any time before judgment is pronounced. As such, an application under section 216 Cr.P.C. can be moved at any stage before pronouncement of the judgement.
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Advocate Mudita Sharma

Adv. Mudita Sharma

LawRatoJaipur | 25+ Answers
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