CrPC 216 to BNSS 239: Court may alter charge
Section 216 CrPC (1973) replaced by Section 239 BNSS (2023)
CrPC 216 to BNSS 239 at a Glance
Section 216 CrPC (Court may alter charge) is now Section 239 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 216 to BNSS 239?
Section 239 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same heading and the same text as Section 216 of the Code of Criminal Procedure, 1973. Only the section number and the name of the Code differ.
CrPC 216 vs BNSS 239: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 216 | 239 |
| Heading | Court may alter charge | Same |
| Sub-sections | 5 sub-sections | Same |
CrPC 216 and BNSS 239: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 216, CrPC 1973
216. Court may alter charge.—(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.
BNSS 2023 (in force)
Section 239, BNSS 2023
239. Court may alter charge.—(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.
When It Applies: CrPC 216 vs BNSS 239
Under CrPC 216
- Any Court may alter or add to any charge.
- Every such alteration or addition shall be read and explained to the accused.
- If 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, proceed with the trial as if the altered or added charge had been the original charge.
- If 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.
- 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.
Under BNSS 239
- Any Court may alter or add to any charge.
- Every such alteration or addition shall be read and explained to the accused.
- If 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, proceed with the trial as if the altered or added charge had been the original charge.
- If 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.
- 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.
Time Limits: CrPC 216 to BNSS 239
Under CrPC 216
- A Court may alter or add to a charge at any time before judgment is pronounced.Act text: “at any time before judgment is pronounced”
- The Court may adjourn the trial for such period as may be necessary.Act text: “adjourn the trial for such period as may be necessary”
Under BNSS 239
- A Court may alter or add to a charge at any time before judgment is pronounced.Act text: “at any time before judgment is pronounced”
- The Court may adjourn the trial for such period as may be necessary.Act text: “adjourn the trial for such period as may be necessary”
What CrPC 216 to BNSS 239 Means in Practice
From 1 July 2024, the provision in Section 216 of the Code of Criminal Procedure, 1973 is found in Section 239 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the same heading and text.
FAQs: CrPC 216 to BNSS 239
Where is Section 216 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 216 CrPC is found in Section 239 BNSS from 1 July 2024. Section 239 BNSS has the same heading and the same text.
Do the words of Section 216 CrPC differ from Section 239 BNSS?▼
Section 239 BNSS reads in the same words as Section 216 CrPC. Only the section number and the name of the Code differ.
What is the heading of Section 239 BNSS?▼
Section 239 BNSS has the heading Court may alter charge, the same heading as Section 216 CrPC.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·