Session Court Charge Frame Under Section I P C 308/323/325/148/149

932 votes

216. Court may alter charge.

(1) Any Court may alter or add to any charge at any time before judgment is pronounced.

(2) Every such alteration or addition shall be read and explained to the accused.

(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.

(4) 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.

(5) If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.

Advocate Udit Chaudhary LawRato

882 votes

you didn't describe your case. here. consultant a lawyer with full case history can help you. you need to check the court finding and their query to come to any conclusions and answer them. you need to get the the nitty gritty of case.

Advocate Seema Singh LawRato

676 votes

You can request for reopening of arguments on charge upon 307. There are various guidelines led down by the Supreme Court wrt framing of charges.

You may also file a protest petition.

Query pertaining to the evidence already on record can be stated in the submission for further reliance.

Advocate Prashant Vaxish LawRato