Central · Act 46 of 2023

Section 239 — Court may alter charge.

The Bharatiya Nagarik Suraksha Sanhita, 2023

↓ PDF / PrintOfficial source ↗
STATUTORY TEXT
Find in this text
(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.

Source and version

India Code, Government of India. Text fetched 09 Oct 2026. Source metadata reports last modification: 2024-07-01. Check the linked official text and subsequent notifications when applying a provision.

Share this section

Section 239 — Court may alter charge. | The Bharatiya Nagarik Suraksha Sanhita, 2023 | NYAYA SIGNALNYAYA SIGNAL · Free access · Official source references

· Saves and reading positions stay on this device.