Table Of Contents
Section 239 BNS
Section 239 of the Bharatiya Nyaya Sanhita (BNS) deals with the court’s power to alter charges. It is equivalent to Section 216 of the Code of Criminal Procedure (CrPC).
The key points about Section 239 BNS are:
- It allows the court to alter or add to any charge at any time before judgment is pronounced.
- The court can do so if it considers such alteration or addition to be desirable or necessary to meet the ends of justice.
- If the alteration or addition is such that proceeding immediately with the trial is not likely to prejudice the accused or the prosecutor, the court may, in its discretion, allow the alteration or addition and proceed with the trial.
- If the alteration or addition is such that proceeding immediately with the trial is likely 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.
So in summary, Section 239 BNS empowers the court to modify charges during a trial if it deems it necessary to ensure a fair trial for both the accused and the prosecution. The court has discretion in determining if the alteration requires a new trial or an adjournment.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
