Question

Additions or alteration of charges is provided in Cr. PC

• A. U/s. 214
• B. U/s. 215
• C. U/s. 216
• D. U/s.210

Hint:

Remember the key sections on charge: 211 (Contents of charge), 212 (Particulars as to time, place, and person), and 216 (Alteration of charge). Section 216 is the dynamic provision that allows the charge to be corrected during the trial.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks for the section in the Code of Criminal Procedure, 1973, that allows a court to alter or add to a charge that has already been framed.

Step 2: Detailed Explanation:
Chapter XVII of the CrPC deals with "The Charge" (Sections 211 to 224).
- Section 216 of the CrPC is titled "Court may alter charge."
- Section 216(1) states: "Any Court may alter or add to any charge at any time before judgment is pronounced."
This section gives the court wide powers to change the charge based on the evidence that comes on record during the trial, to ensure that the accused is tried for the correct offence. The section also has safeguards, requiring that the alteration be read and explained to the accused.
- Section 210 deals with the procedure to be followed when there is a complaint case and police investigation in respect of the same offence.
- Section 214 states that in every charge, words used in describing an offence shall be deemed to have been used in the sense attached to them by the law under which such offence is punishable.
- Section 215 deals with the effect of errors in the charge, stating that no error shall be regarded as material unless the accused was misled.

Step 3: Final Answer:
The provision for alteration or addition of charges is provided under Section 216 of the CrPC.