Section 216 CrPC: Court may alter charge

Code of Criminal Procedure, 1973

Section 216 CrPC at a Glance

Section 216 CrPC deals with court may alter charge. From 1 July 2024 it is replaced by Section 239 BNSS.

Now BNSS

Section 239 →

What Section 216 CrPC Says

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.

Source: Section 216, Code of Criminal Procedure, 1973

Section 216 CrPC in Simple Words

Section 216 of the Code of Criminal Procedure, 1973 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 216 CrPC 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 216 CrPC

  • 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 216 CrPC

Before judgment is pronounced, the Court adds a charge against Imran. The Court reads and explains the addition to Imran. In the opinion of the Court, proceeding immediately with the trial is not likely to prejudice Imran in the defence or the prosecutor in the conduct of the case. Under Section 216(3) CrPC, the Court may, in its discretion, proceed with the trial as if the added charge had been the original charge.

When Section 216 CrPC Does Not Apply

  • Section 216 CrPC 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 217 CrPC covers.
  • Section 216 CrPC 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 215 CrPC covers.

Section 216 CrPC Under BNSS 239: What Changed

Section 216 CrPC is now covered under Section 239 BNSS.

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.

View detailed comparison (CrPC 216 vs BNSS 239) →

FAQs on Section 216 CrPC

Until when may a Court alter or add to a charge under Section 216 CrPC?▼

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 216 CrPC?▼

Every such alteration or addition shall be read and explained to the accused.

What may the Court do under Section 216 CrPC 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.

Where is Section 216 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 216(1) CrPC is found in Section 239(1) BNSS, Section 216(2) CrPC in Section 239(2) BNSS, Section 216(3) CrPC in Section 239(3) BNSS, Section 216(4) CrPC in Section 239(4) BNSS and Section 216(5) CrPC in Section 239(5) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·