Any Court may alter or add to any charge at any time before judgment is pronounced. Every such alteration or addition shall be read and explained to the accused. 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. 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. 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 had been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.
Code of Criminal Procedure, 1973
Section 216
Court may alter charge
⚡ Quick Answer Reference: Section 216 CrPC
- Provision: Section 216 of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
Statutory Content
What does Section 216 of CrPC say?
Indian StandardSection 216, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 216 (India)
Court Pleading StandardSection 216 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/216
Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
Landmark Case Laws
Landmark Judgments under Section 216 CrPC
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Contextual Workflows