Code of Criminal Procedure, 1973 · Chapter XVII: The Charge · A.–Form of charges
Section 216: Court may alter charge
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 216
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Sushil Kumar Tiwari v. Hare Ram Sah & Ors.
Allegation against the respondent nos.1 and 2 that they raped a minor girl. It is admitted that they never committed the acts together and always acted separately. In light of the controversy involved in the instant…
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Bansal Milk Chilling Centre v. Rana Milk Food Private Ltd. & Anr.
When can amendments to complaints be allowed after cognizance is taken; whether on facts, any prejudice would be caused to the accused-respondents if the amendment to the complaint, as prayed, is allowed.
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Directorate of Revenue Intelligence v. Raj Kumar Arora & Ors.
Issue arose whether an offence u/s.8(c) of the NDPS Act could be said to have been made out when an accused “deals with” psychotropic substances mentioned in the Schedule to the NDPS Act but not figuring in Schedule I…
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K. Ravi v. State of Tamil Nadu & Anr.
Matter pertains to the right of the accused to file a fresh application u/s.216 Cr.P.C. seeking his discharge after the charge is framed by the court, more particularly when his application seeking discharge u/s.227…
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N. Manogar & Anr. v. The Inspector of Police & Ors.
Whether the High Court was justified in setting aside the order passed by the trial court whereunder, the trial court rejected the application filed by the complainant u/s. 216/319 CrPC seeking the summoning of, and the…
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Chandra Pratap Singh v. State of M.P.
Whether the High Court was justified in altering the charge u/s. 302 read with ss. 148 and/or 149 to a charge u/s . 302/34 IPC, and convicting and sentencing the appellant for the offence punishable u/s 302/34 and u/s.…
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A. Sreenivasa Reddy v. Rakesh Sharma and Anr.
Whether the appellant, an Assistant General Manager of a Nationalised Bank is removable from his office save by or with the sanction of the Government so as to make s.197, CrPC applicable; and if he can be proceeded…
- Y. Balaji v. Karthik Desari & Anr. Etc.
- Ravi Dhingra v. The State of Haryana
- P. Dharamaraj v. Shanmugam & Ors.
- The State of Sikkim v. Jasbir Singh & Anr.
- Kapil Agarwal and Others v. Sanjay Sharma and Others
- M/S Bandekar Brothers Pvt. Ltd. & Anr v. Prasad Vassudev Keni, Etc. Etc
- Dr Nallapareddy Sridhar Reddy v. The State of Andhra Pradesh & Ors
- Mala Singh & Ors. v. State of Haryana
- State of Haryana v. Rajesh Aggarwal & Anr.
- Girlsh Kumar Suneja v. C.B.L.
- State (Through) Central Bureau of Investigation v. Shri Kalyan Singh (Former Cm of Up) & Ors.
- R. Rachaiah v. Home Secretary, Bangalore
- Anant Prakash Sinha @ Anant Sinha v. State of Haryana & Anr.