Under the Bharatiya Nagarik Suraksha Sanhita (BNSS),

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concept of "Alteration of Charge" is governed by Section 239 of the BNSS, 2023 (which corresponds to Section 216 of the repealed CrPC, 1973).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.