A is charged by the trial court for a certain offence. During the trial, the trial court added a charge of another offence also against the accused A. Is the addition of a new charge during a trial by the trial court valid? If so, refer to the relevant provision.

Question: A is charged by the trial court for a certain offence. During the trial, the trial court added a charge of another offence also against the accused A. Is the addition of a new charge during a trial by the trial court valid? If so, refer to the relevant provision.

Find the answer only on Legal Bites. [A is charged by the trial court for a certain offence. During the trial, the trial court added a charge of another offence also against the accused A. Is the addition of a new charge during a trial by the trial court valid? If so, refer to the relevant provision.]

Answer

The meaning of adding to any charge is the addition of a new charge and the meaning of alteration of a charge is changing or variation of an existing charge. Addition to or alteration of a charge or charges implies one or more existing charges or charges. A charge once framed cannot be deleted but it can be altered. For adding a new charge, there must be material before the Court either in the complaint or in the evidence to justify such action. The Court has the power to add to a charge.

Section 216 in the Code of Criminal Procedure, 1973 lays down the provision granting power to the court to alter charge. This section runs as under:

“(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.”

The Supreme Court has said in Kantilal Chandulal Mehta v. State of Maharashtra, AIR 1970 SC 359:

“…the Criminal Procedure Code gives ample power to the Courts to alter or amend a charge…

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 him a full opportunity of meeting it and putting forward any defence open to him, on the charge finally preferred against him.”

In Anant Prakash Sinha v. State of Haryana, AIR 2016 SC 1197, it was held that the court can change or alter the charge if there is a defect or something is left out. The test is that it must be founded on the material available on record. It can be on the basis of the complaint or the FIR or accompanying documents or the material brought on record during the course of the trial. It can also be done at any time before the pronouncement of judgment.

It is not necessary to advertise for each and every circumstance. Suffice it to say, if the court has not framed a charge despite the material on record, it has the jurisdiction to add a charge.

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