Section 239 of BNSS : Section 239: Court may alter charge.

Explanation using Example

Example 1:

Scenario: Rajesh is on trial for theft under Section 379 of the Indian Penal Code (IPC). During the trial, new evidence emerges suggesting that Rajesh was also involved in house-breaking, which is a more serious offense under Section 454 of the IPC.

Application of Section 239:

1. Alteration of Charge: The court decides to alter the charge from theft to house-breaking.
2. Explanation to Accused: The judge reads and explains the new charge of house-breaking to Rajesh.
3. Proceeding with Trial: The court determines that proceeding immediately with the trial on the new charge will not prejudice Rajesh's defense or the prosecutor's case. Therefore, the trial continues as if the new charge had been the original charge.

Example 2:

Scenario: Priya is on trial for causing grievous hurt under Section 325 of the IPC. During the trial, it is discovered that the injury caused was more severe than initially thought, and th...

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