Section 216 of CrPC : Section 216: Court may alter charge.

CrPC

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Explanation using Example

Example 1:

Scenario: A man named Rajesh is on trial for theft under Section 379 of the Indian Penal Code (IPC). During the trial, new evidence comes to light suggesting that Rajesh also committed house-breaking to commit the theft, which falls under Section 454 of the IPC.

Application of Section 216:

  1. Alteration of Charge: The court decides to alter the charge to include 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 part of the original charges.

Example 2:

Scenario: A woman named Priya is on trial for causing grievous hurt under Section 325 of the IPC. During the trial, it is discovered that the injury caused...

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