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alteration of charges

Querist : Anonymous (Querist) 25 September 2010 This query is : Resolved 
A quarelled with B at noon. in the evening Mr B came to the house of Mr A and attacked him with a sword ..Mr A sustained severe injuries when the incident was reported to police they register the case under Sec;326/506/34/IPC...i want that the accused may be charged under 307 IPC.. so how can i alter the charge...is this possible to re-register the charges
Ajay Bansal (Expert) 25 September 2010
AT THE TIME OF EVIDENCE,THE CHARGE COULD BE AMENDED AS PER PROVISIONS OF SECTION 216 Cr.P.C.SO PLEASE HAVE PAITENCE.
Arvind Singh Chauhan (Expert) 25 September 2010
If the charge sheet is yet to be filed and matter is under investigation. Police can submit charge sheet and may increase section 307 in charge sheet if police finds matter is of 307. If police doesn't do so, you can prove it before court while evidence is recorded and may pray to court to alter the charge. According to your saying offence of 452 is also made out.
s.subramanian (Expert) 25 September 2010
I agree with the above views.
Devajyoti Barman (Expert) 26 September 2010
Even after filing of charge sheet you could file petition for addition of any section as you like with the support of the materials on record.


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