Rafeeq Ahmed 26 February 2025

Adding charges in more sections during trial

How the police can add more number of charges i.e. add new sections to the under trial case? What are the provisions in this regard?

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 26 February 2025

In India, the police can add new charges or sections to an ongoing trial through the following provisions:

Provisions for Adding New Charges 1. *Section 216 of the Code of Criminal Procedure (CrPC), 1973*: Allows the court to alter or add to any charge at any time before judgment is pronounced.

2. *Section 217 of the CrPC, 1973*: Enables the court to proceed with the trial on the altered or added charge, provided the accused is given a reasonable opportunity to defend themselves.

3. *Section 218 of the CrPC, 1973*: Permits the court to add or alter a charge at any time before judgment, even if the prosecution has closed its case.

Procedure for Adding New Charges 1. *Application by the Prosecution*: The prosecution files an application before the court, requesting the addition of new charges or sections.

2. *Notice to the Accused*: The court issues a notice to the accused, informing them of the proposed addition of new charges.

3. *Hearing and Decision*: The court hears arguments from both the prosecution and the defense and decides whether to allow the addition of new charges.

4. *Framing of Additional Charges*: If the court allows the addition of new charges, it will frame the additional charges and proceed with the trial.

Important Considerations 1. *Right to Fair Trial*: The addition of new charges should not prejudice the accused's right to a fair trial.

2. *Reasonable Opportunity to Defend*: The accused must be given a reasonable opportunity to defend themselves against the new charges.

3. *Court's Discretion*: The court has the discretion to allow or reject the addition of new charges, depending on the circumstances of the case.

In summary, the police can add new charges or sections to an ongoing trial through an application to the court, which will then decide whether to allow the addition of new charges, ensuring the accused's right to a fair trial is protected.

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Dr. J C Vashista (Advocate ) 26 February 2025

What are the facts of case which are bothering you for posting this query ?

T. Kalaiselvan, Advocate (Advocate) 26 February 2025

according to the Code of Criminal Procedure (CrPC), a court can add additional charges to an FIR at any time before the judgment is pronounced, meaning charges can be added before the trial begins; this power is provided under Section 216 of the CrPC.

The court has the authority to alter or add charges based on the evidence presented, but it must ensure that the accused is not prejudiced by the addition.

If the added charges significantly impact the defense, the court may order a new trial.