Bharatiya Nagarik Suraksha Sanhita (BNSS) – ‘239
Code: Section 239 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) – 2023 (Indian Penal Code)
Explanation: This section deals with the power of the court to alter or add to the charges against an accused person during the trial. It aims to ensure that the charges accurately reflect the evidence presented and that the accused is not prejudiced during the trial process.
Sub-sections:
- (1) Any Court may alter or add to any charge at any time before judgment is pronounced. This provision empowers the court to make amendments to the charges at any point before the final judgment is given. The court has the flexibility to adjust the charges based on the evidence presented during the trial.
- (2) Every such alteration or addition shall be read and explained to the accused. The accused must be informed of any changes made to the charges. The court is obligated to read and explain the altered or added charges to the accused to ensure they understand the new accusations against them.
- (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. If the court deems that the amendment is minor and unlikely to significantly impact the defense or prosecution, the trial may proceed as if the new charge was the original accusation.
- (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. If the court believes that the amendment could significantly prejudice the accused or the prosecution, the court may choose to start a completely new trial or adjourn the current trial to allow for necessary adjustments. This ensures a fair trial for both parties.
- (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. In cases where the amended charge involves an offense that requires prior sanction, the trial cannot proceed until the necessary sanction is obtained. However, if sanction was already acquired for a prosecution based on the same facts, the trial can continue without further sanction.
Illustration:
An accused is initially charged with theft. During the trial, evidence suggests that the accused may have also committed robbery. The court can alter the charge to include robbery, provided it complies with the procedural requirements laid out in Section 239. The accused would then be informed of the added charge and given an opportunity to defend themselves against the new accusation.
Common Questions & Answers:
- Q: Can the court alter the charge even if the accused objects?
- A: Yes, the court has the power to alter the charges, even if the accused objects. However, the court must ensure that the accused is given a fair opportunity to defend themselves against the altered charges.
- Q: What if the alteration is significant and the accused needs more time to prepare their defense?
- A: In such cases, the court can adjourn the trial to allow the accused adequate time to prepare their defense. Alternatively, the court may direct a new trial.
- Q: Can the court add a new charge without any evidence?
- A: No, the court should only alter or add charges based on evidence presented during the trial. The addition of a new charge should be supported by evidence that suggests the accused may be guilty of the additional offense.
