Open Access Research Article
ALTERATION OF CHARGES AND PROTECTION OF THE ACCUSED DEFENCE
Abstract
The framing of a charge informs an accused person of the precise allegation that must be answered and provides the foundation for preparing a defence. Criminal trials may, however, reveal material that makes it necessary to alter or add a charge. The law therefore has to reconcile two legitimate objectives: enabling the court to determine the real issue disclosed by the evidence and preventing an accused person from being taken by surprise or denied a meaningful opportunity to defend the case. This article examines the statutory framework governing alteration of charges in India, with particular attention to Sections 239 and 240 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the corresponding provisions of the former Code of Criminal Procedure, 1973 (CrPC). It analyses the principles emerging from Supreme Court decisions, including the need for a connection between the proposed charge and the material on record, the duty to explain an altered charge, and the safeguards of adjournment, retrial and recall of witnesses. The article argues that the power to alter a charge is broad but not arbitrary: it must be exercised judicially, with reasons and a practical assessment of prejudice. A fair-trial approach requires courts to ensure that procedural flexibility does not undermine the accused’s ability to understand the case, challenge the prosecution evidence and present an effective defence.
Published Paper
Author Details
Authors: SHARMILA.ARegistration ID: 1013471 | Published Paper ID: IJLRA13471Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 2530-2540
Article Information
ALTERATION OF CHARGES AND PROTECTION OF THE ACCUSED DEFENCE
Authors: SHARMILA.A
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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