BNSS Section 239 — Court may alter charge

CHAPTER XVIII THE CHARGE — A.—Form of charges

Criminal

Summary

A court can change or add to the charges against an accused person at any time before the final judgment is given. If the court does this, the new or changed charge must be read out and explained to the accused person. If the court believes that the change will not unfairly harm the accused’s defence or the prosecutor’s case, it may continue the trial as if the new charge was the original one. However, if the court thinks the change would cause such harm, it can either order a new trial or pause the trial for as long as needed. If the new charge is for an offence that requires prior government permission to prosecute, the case cannot go forward until that permission is obtained, unless permission was already granted for a prosecution based on the same facts.

Official Text

(1) Any Court may alter or add to any charge at any time before judgment is pronounced.

(2) Every such alteration or addition shall be read and explained to the accused.

(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.

(4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.

(5) If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

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