Can court add charges?

The Courts can exercise the power of addition or modification of charges under this provision only when there exist some material before the court, which has some connection or link with the charges sought to be amended, added or modified.

Can a charge be altered after the pronouncement of Judgement?

Court can add or alter charges at any time, even after reserving judgment: SC. The Supreme Court in Dr. Nallappareddy Sridhar Reddy vs. The Supreme Court ruled that the courts have wide ranging powers under section 216 of criminal Procedure code to add or alter charges at any time before the pronouncement of judgment.

What steps should the court take following the alterations or additions to the charge?

(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 …

When a charge is altered under CRPC?

15 Section 216 appears in Chapter XVII of the CrPC. Under the provisions of Section 216, the court is authorised to alter or add to the charge at any time 8 Page 9 before the judgment is pronounced. Whenever such an alteration or addition is made, it is to be read out and explained to the accused.

What is alternative charge under CRPC?

The charge is really a charge in the alternative either of an offence under Section charge under two heads but a charge under one head for a single offence. The charge should be “either that. Bombay High Court.

Can new section be added in FIR?

If the investigation by the Police reveals that the offence is covered by another section, the police can add the same while filing the charge sheet. FIR cannot be tinkered.

Can we quash charge sheet?

A High Court cannot place reliance on a “draft charge-sheet” which is yet to be placed before the Magistrate to quash the criminal proceedings under Section 482 of Criminal Procedure, the Supreme Court observed in a judgment delivered on Friday (12 November 2021).

Can courts add or alter charges?

—(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.

What is Section 311 of Criminal Procedure Code?

Section 311 in The Code Of Criminal Procedure, 1973. 311. Power to summon material witness, or examine person present. Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or.

What is the basic rule regarding charge under CrPC?

The basic rule regarding charge is that for every distinct offence there shall be a separate charge & for every such charge there shall be separate trial. The only exceptions recognized are contained in Sections 219,220,221 & 223 of CrPC.

What are the relevant legal provisions of Criminal Procedure Code CrPC?

Relevant Legal Provisions of Criminal Procedure Code (CrPC) Section 211 & Section 212 specifies about Contents of Charge and mentioning of particulars as to time and place of the alleged offence in the charge. This rule is to an extent relaxed in a case of criminal breach of trust or of dishonest misappropriation.

Can a court add to any charge at any time?

Section 216, the court is authorised to alter or add to the charge at any timebefore the judgment is pronounced. Whenever such an alteration or addition is made, it is to be read out and explained to the accused. The phrase “add to any charge” in Sub-Section (1) includes addition of a new charge. The provision

What is section 218 of the Indian Penal Code?

The object of section 218 is to save the accused from being embarrassed in his defence if distinct offences are lumped together in one charge or in separate charges & are tried together 5.