alteration of the charge.
6. What is alteration of charge can be explained by one example. If the charge is framed with the help ... Court under Section 216 Cr.P.C. to alter or add any charge at any time before the judgment is pronounced is exclusively confined
additional or alternative charge
is the original charge. Sub-Section (4) contemplates a situation where the
addition or alteration of charge will prejudice the accused ... while dealing with the power of the court to alter or add any
charge, held:
“6. ... Section 216 CrPC empowers the Court to alter
Code of
Criminal Procedure, the Court has power to alter or
add any charge at any time before judgment is
pronounced.
The petitioner ... additional or alternative
charge is the original charge. Sub-Section (4) contemplates
a situation where the addition or alteration of charge will
prejudice the accused
charge is wrong: instead of a charge for offence A, the charge is for offence B. That is the error in the charge which ... charge or alter the charge by introducing a charge for a distinct offence. It is undoubtedly true that, in a sense, alteration of the charge
power under Section 216 CrPC the trial Court can alter or add the charge at any stage of proceedings including while dictating the final judgment ... alteration of the charge.
6. What is alteration of charge can be explained by one example. If the charge is framed with the help
additional or
alternative charge is the original charge. Sub-section (4) contemplates a
situation where the addition or alteration of charge will prejudice the
accused ... while dealing with the
power of the court to alter or add any charge, held : (SCC p. 350, para
6)
"6. ... Section 216 CrPC
charge despite the
material on record, it has the jurisdiction to add a
charge. Similarly, it has the authority to alter the
charge. The principle ... additional or
alternative charge is the original charge. Sub-section
(4) contemplates a situation where the addition or
alteration of charge will prejudice the accused
charge despite the
material on record, it has the jurisdiction to add a
charge. Similarly, it has the authority to alter the
charge. The principle ... additional or
alternative charge is the original charge. Sub-section
(4) contemplates a situation where the addition or
alteration of charge will prejudice the accused
additional or
alternative charge is the original charge.
Sub-Section (4) contemplates a situation
where the addition or alteration of charge
will prejudice the accused ... while dealing with the
power of the court to alter or add any
charge, held:
"6. ... Section 216 CrPC empowers
the Court to alter
additional or
alternative charge is the original charge. Sub-Section (4)
contemplates a situation where the addition or alteration of
charge will prejudice the accused ... while
dealing with the power of the court to alter or add any charge,
held:
"6. ... Section 216 CrPC empowers the Court to alter