(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.
Bharatiya Nagarik Suraksha Sanhita
Section 239
Court may alter charge
⚡ Quick Answer Reference: Section 239 BNSS
- Provision: Section 239 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: THE CHARGE
- Jurisdiction: India
- Summary: This section allows any court to change or add charges at any time before a judgment is made, ensuring the accused and prosecutor are informed and not prejudiced.
What does Section 239 of BNSS say?
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What does Section 239 of BNSS mean?
Plain English Explanation
This section allows any court to change or add charges at any time before a judgment is made, ensuring the accused and prosecutor are informed and not prejudiced.
Practical Interpretation
In practice, this section gives courts flexibility in managing trials, allowing for adjustments to charges as needed, while protecting the rights of both the accused and the prosecutor.
Core Legal Purpose
The core purpose is to provide courts with the authority to modify charges during a trial, ensuring fairness and efficiency in the judicial process, without prejudicing the parties involved.
- •The court must inform the accused of any changes or additions to the charges.
- •The court has discretion to proceed with the trial or adjourn it based on potential prejudice to the accused or prosecutor.
- •The key legal test is whether proceeding with the trial after altering or adding a charge would likely prejudice the accused or the prosecutor.
- •A key exception is when the altered or added charge requires previous sanction, in which case the trial cannot proceed without it.
Practical Example of Section 239 BNSS
For instance, if Rajesh is on trial for theft, the court may alter the charge to include an additional count of fraud. The court must explain this change to Rajesh and decide whether to proceed with the trial immediately or to adjourn it to avoid prejudice. If the new charge requires a previous sanction, the court must wait for the sanction before proceeding.
Frequently Asked Questions about Section 239 BNSS
Q: What is the punishment or consequence under Section 239 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the court's procedure in managing trials and thus is relevant to both private individuals and public entities involved in legal proceedings.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence but rather outlines a procedural aspect of trials, so it does not classify an offence as bailable or cognizable.
Common Questions about Section 239 BNSS
What is Section 239 of BNSS?
Section 239 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Court may alter charge". In plain terms: This section allows any court to change or add charges at any time before a judgment is made, ensuring the accused and prosecutor are informed and not prejudiced.
What is the punishment under Section 239 of BNSS?
Section 239 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 239 of BNSS bailable or non-bailable?
Whether Section 239 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 239 of BNSS?
The essential elements of Section 239 of BNSS are: The court must inform the accused of any changes or additions to the charges.; The court has discretion to proceed with the trial or adjourn it based on potential prejudice to the accused or prosecutor.; The key legal test is whether proceeding with the trial after altering or adding a charge would likely prejudice the accused or the prosecutor..
Landmark Judgments under Section 239 BNSS
Sections commonly cited alongside Section 239
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