Watch - Understanding Section 216 of the CrPC on Altering and Adding Charges скачать в хорошем качестве

Watch - Understanding Section 216 of the CrPC on Altering and Adding Charges

Section 216 of the Cr.P.C. states as follows - • 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 offence stated in the altered or added charge requires previous sanction for prosecution, the case cannot proceed until such sanction is obtained. However, if sanction has already been secured for a prosecution based on the same facts as the altered or added charge, this requirement does not apply. • 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. Section 217 of the CrPC deals with the recalling of witnesses when the charge is altered or added by the court after commencement of the trial. Explanation of the phrase “at any time before judgment is pronounced” • The use of the words "at any time before judgment is pronounced " in Sub-Section (1) empowers the court to exercise its powers of altering or adding charges even after the completion of evidence, arguments and reserving of the judgment. • The alteration or addition of a charge may be done if in the opinion of the court there was an omission in the framing of charge or if upon prima facie examination of the material brought on record, it leads the court to form a presumptive opinion as to the existence of the factual ingredients constituting the alleged offence. • The test to be adopted by the court while deciding upon an addition or alteration of a charge is that the material brought on record needs to have a direct link or nexus with the ingredients of the alleged offence. • Addition of a charge merely commences the trial for the additional charges, whereupon, based on the evidence, it is to be determined whether the accused may be convicted for the additional charges. • The court must exercise its powers under Section 216 judiciously and ensure that no prejudice is caused to the accused and that he is allowed to have a fair trial. • The only constraint on the court's power is the prejudice likely to be caused to the accused by the addition or alteration of charges. Sub-Section (4) accordingly prescribes the approach to be adopted by the courts where prejudice may be caused. #advocate #law #lawyer #court #justice #highcourt #supremecourt #indianlaw #indianlawyer #india