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Deep Juneja   17 October 2016

Change in plaint after evidence

Dear Lawyers,

 

I am facing a private (Not a police resigiered) criminal trial for an alleged offence that I incited provocative words in a nearby locality in which the main accused is my acquaintance.

 

I could prove the trial court that I was not present at the time of scene using the rail tickets by which I travelled to Bhopal and that I indeed travelled beyond a reasonable doubt.

 

It seems to me that the prosecution now want to change the angle of analysing the crime so as to point the needle of suspicion to me only to nab me.

 

The trial began by the consent of the two Lawyers. The evidence has already been taken up by the court. After partially looking at the evidence, the prosecution got some new clues and they started looking at my rail tickets suspiciously.

 

Earlier the actual problem is that the original plaint has not been properly drafted by the prosecution and there are many loopholes in the prosecution claims themselves.

 

Can you please tell me whether the prosecution is allowed to change the plaint upon viewing the partial evidence put up by the defence side?

 

Thank you.

 

Deep



Learning

 2 Replies

Ms.Usha Kapoor (CEO)     18 October 2016

You seem to be getting confused between pALINT AND COMPALINT . pLAINT REFERS TO A CIVIL COMPLAINT AND COMPALINT  IS CRIMINAL IN NATURE  WHICH IS FILED AGAINST  A PERSON  WHO ALLEGEDLY COMMITTED  A CRIME UNDER  IPC. CIVIL PLEADINGS SUCH AS PLAINT AND WRITTEN STATEMENT CAN BE AMENDED AT ANYS STAGE WITH COURT'S PRMISSION UNDER ORDER 6 RULE 17 BUT CRIMINAL COMPLAINT CANNOT BE AMENDED ONCE FILED. MAY BE IN EXTREME CASES TO PROTECT JUSTICE THE COURT MAY ALLOW AMENDMENT  O F  COMPLAINT.yOU NEED NOT FEAR  THAT THEY WOULD BE ALLOWED TO CHANGE  THEIR CRIMINAL COMPALINT WHICH I S VERY VERY RARE.If you appreciate this answer please click the thank  you button on this forum.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     18 October 2016

If it is criminal complaint, amendment in the complaint is not permissible.

In civil case, amendment is allowed till the issues are framed. After that no amendment is allowed.


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