Section 239 BNSS: Court may alter charge
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 239 BNSS at a Glance
Section 239 BNSS deals with court may alter charge. It replaced Section 216 CrPC on 1 July 2024.
Section 239 BNSS Bare Act 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: Section 239, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 239 BNSS in Simple Words
Section 239 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the alteration of a charge by a Court. Any Court may alter or add to any charge at any time before judgment is pronounced, and every such alteration or addition shall be read and explained to the accused.
When Section 239 BNSS Applies
- 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 Under Section 239 BNSS
- 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”
Example of Section 239 BNSS
When Section 239 BNSS Does Not Apply
- Section 239 BNSS speaks of the alteration of a charge by a Court. It does not deal with the recall of witnesses after a charge is altered, which Section 240 BNSS covers.
- Section 239 BNSS speaks of the alteration of a charge by a Court. It does not deal with the effect of an error in stating the offence in a charge, which Section 238 BNSS covers.
Section 239 BNSS in the CrPC (Previous Law)
Section 239 BNSS replaced Section 216 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 239 BNSS
Until when may a Court alter or add to a charge under Section 239 BNSS?▼
Any Court may alter or add to any charge at any time before judgment is pronounced.
What must be done with an alteration or addition to a charge under Section 239 BNSS?▼
Every such alteration or addition shall be read and explained to the accused.
What may the Court do under Section 239 BNSS if proceeding immediately with the trial is likely to prejudice the accused or the prosecutor?▼
If, in the opinion of the Court, 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.
What changed from Section 216 CrPC to Section 239 BNSS from 1 July 2024?▼
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, sub-section for sub-section. Only the section number and the name of the Code differ.
Section 239 BNSS: Sub-sections Explained
Section 239(1) BNSS: Court may alter charge
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Bare Act Text
(1) Any Court may alter or add to any charge at any time before judgment is pronounced.
Section 239(2) BNSS: Court may alter charge
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Bare Act Text
(2) Every such alteration or addition shall be read and explained to the accused.
Section 239(3) BNSS: Court may alter charge
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Bare Act Text
(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.
Section 239(4) BNSS: Court may alter charge
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Bare Act Text
(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.
Section 239(5) BNSS: Court may alter charge
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·