Section 239 BNSS: Court may alter charge (Formerly Section 216 CrPC)

Section 239 of Bharatiya Nagarik Suraksha Sanhita, 2023: Court may alter charge

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Charge Sec 2(1)(b) Public Prosecutor Sec 2(1)(r)

Legal Commentary & Landmark Judgments: Section 239

Section 239 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers criminal courts to alter or add to any charge at any time before judgment is pronounced.

Framing & Alteration of Charges: Section 239 provides that any Court may alter or add to any charge at any time before judgment is pronounced.
Sub-Section (2) Provision: Sub-section (2) mandates that every such alteration or addition shall be read and explained to the accused.

Under Section 240, both prosecution and defense have a statutory right to recall or re-examine witnesses following an alteration of charge.

Key Landmark Precedents:

Anant Prakash Sinha v. State of Haryana (2016) 6 SCC 105: The Supreme Court held that the court has untrammeled power to alter or add charges at any stage before judgment, provided no prejudice is caused to the accused and procedural rights to recall witnesses are granted.
Jasvinder Saini v. State (Govt. of NCT of Delhi) (2013) 7 SCC 256: Clarified that alteration of charge must be based on substantive evidence on record and cannot be done mechanically upon mere police requests without evidentiary material.

Legal Commentary:

Section 239 preserves judicial flexibility to ensure the formal charge reflects the actual evidence adduced during trial. When a charge is altered, defense counsel must immediately exercise their statutory right under Section 240 to recall material witnesses for further cross-examination on the new charge.