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    Question

    Under the Bharatiya Nagarik Suraksha Sanhita (BNSS),

    2023, which of the following best describes the "Alteration of Charge"?
    A The requirement to state specific particulars as to time, place, and person. Correct Answer Incorrect Answer
    B The joinder of multiple charges against an accused in a single trial. Correct Answer Incorrect Answer
    C The addition or change of a charge by a court at any time before judgment is pronounced. Correct Answer Incorrect Answer
    D The process of stating separate charges for every distinct offence. Correct Answer Incorrect Answer
    E The power of the Magistrate to discharge an accused before framing charges. Correct Answer Incorrect Answer

    Solution

    The concept of "Alteration of Charge" is governed by Section 239 of the BNSS, 2023 (which corresponds to Section 216 of the repealed CrPC, 1973). The Statutory Power (Section 239 BNSS) Section 239 gives the Court an expansive power to ensure that justice is not defeated by a technical error in the initial drafting of the charge. It states: • Timing : Any Court may alter or add to any charge at any time before judgment is pronounced. • Procedure : Every such alteration or addition must be read and explained to the accused to ensure they understand the new or modified accusation. • No Prejudice Rule : If the alteration is such that proceeding immediately with the trial will not prejudice the accused or the prosecutor, the court may proceed. If it does cause prejudice, the court may direct a new trial or adjourn the trial.

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