Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 239: Court may alter charge
(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.
Brefe Detail
Section 239 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the authority of any Court to alter or add to charges before judgment. It specifies the requirements for notifying the accused about such changes, the conditions under which the trial can proceed, and the necessity for prior sanction in certain cases.
Question & Answers
Can any Court alter a charge?
Yes, any Court may alter or add to any charge at any time before judgment is pronounced.
What must happen after an alteration or addition to a charge?
Every alteration or addition shall be read and explained to the accused.
Under what condition can a trial proceed after an alteration?
If the alteration does not likely prejudice the accused or prosecutor, the Court may proceed with the trial as if the altered charge was the original.
What happens if the alteration may prejudice the accused or prosecutor?
The Court may direct a new trial or adjourn the trial for a necessary period.
Is prior sanction needed for certain charges?
Yes, if the altered charge requires previous sanction for prosecution, the case cannot proceed until such sanction is obtained.
Example
1. Alteration Without Prejudice: A Court changes the charge from theft to burglary. If the accused is not misled and understands the new charge, the trial can continue.
2. Alteration With Prejudice: If a charge is changed from simple assault to aggravated assault, and this change could impact the defense strategy, the Court might adjourn the trial.
3. Sanction Requirement: A case involving public servants may require prior government sanction. If the charge is altered, the trial cannot proceed until that sanction is secured.
Summary
Section 239 allows Courts to alter charges before judgment, ensuring the accused is informed of any changes. It safeguards the trial's fairness by allowing adjournments if necessary, particularly when prior sanction is required for certain offences.
