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 the charge needs to be altered to attempt to murder under Section 307 of the IPC.

Application of Section 239:

1. Alteration of Charge: The court decides to alter the charge from causing grievous hurt to attempt to murder.
2. Explanation to Accused: The judge reads and explains the new charge of attempt to murder to Priya.
3. Prejudice to Accused: The court believes that proceeding immediately with the trial on the new charge might prejudice Priya's defense because the new charge is significantly more serious.
4. Adjournment: The court adjourns the trial for a period necessary for Priya to prepare her defense against the new charge.

Example 3:

Scenario: Sunil is on trial for forgery under Section 465 of the IPC. During the trial, it is found that the forgery was committed to cheat someone, which falls under Section 468 of the IPC, requiring prior sanction for prosecution.

Application of Section 239:

1. Alteration of Charge: The court decides to alter the charge from forgery to forgery for the purpose of cheating.
2. Explanation to Accused: The judge reads and explains the new charge to Sunil.
3. Requirement of Sanction: Since the new charge requires prior sanction for prosecution, the court cannot proceed with the trial until the necessary sanction is obtained.
4. Obtaining Sanction: The trial is paused until the prosecution obtains the required sanction to proceed with the new charge.