Section 239 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 239 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers courts to modify or add charges during the trial process, provided certain conditions are met.
📜 Text of Section 239
239. Court may alter charge
Authority to Alter or Add Charges: Any court may alter or add to any charge at any time before judgment is pronounced.
Explanation to the Accused: Every such alteration or addition shall be read and explained to the accused.
Proceeding with Trial Post-Alteration: 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 defense 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.
Adjournment or New Trial: 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, the court may either direct a new trial or adjourn the trial for such period as may be necessary.
Requirement for Previous Sanction: If the offense 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
⚖️ Legal Context and Comparison
Section 239 of the BNSS, 2023 aligns closely with Section 216 of the Indian Criminal Procedure Code (Cr.P.C.), 1973. Both provisions grant courts the discretion to alter or add charges during the trial process, ensuring that the proceedings accurately reflect the facts and circumstances of the case. This flexibility is crucial for the fair administration of justice, allowing courts to adapt to new information or developments that may arise during the trial.
🧭 Practical Implications
Ensuring Fairness: This provision ensures that the charges against an accused person accurately reflect the facts, promoting fairness in the trial process.
Flexibility in Legal Proceedings: Courts can adapt to new evidence or developments by modifying charges, facilitating a more accurate and just determination of guilt or innocence.
Protection of Rights: By requiring that alterations or additions to charges be explained to the accused and, if necessary, sanction obtained, the provision safeguards the rights of the accused and maintains the integrity of the legal process.
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