- Alteration and addition of charges are provided under sec 216. Such alteration or addition can be made at any time before the judgment.
- If such alteration or addition affects the accused or prosecutor then the court may either direct a new trial or adjourn the trial for such period as may be necessary.
- Court may alter the charge before the judgment is pronounced.
- Section 217 provides that whenever a charge is altered or added by the court, the accused shall be allowed to recall or re-summon and examine with reference to such alteration or addition, any witness already examined.
- As per section 217 new witnesses may also be called for examination.
- Section 218 says that for every distinct offence there shall be a separate charge and every separate charge must be tried separately but if the accused person by an application in writing asks the Magistrate to join the charges against him and the Magistrate is also of the opinion that such joinder the accused will not be prejudiced the such charges will be joined together.
- Section 219 says that when 3 offences of the same kind are committed by the accused within 1 year they may be charged together.
- Attempt of the offence and the offence are deemed to be offence if the same kind. (Sec 219)
- Offences if the same kind under section 219 Crpc means when they are punishable with the same amount of punishment under the same section of the IPC or of may special or local law.
- Sections 219, 220, 221 and 223 are the exception to the rule that for every distinct offence of which any person is accused, there shall be a separate charge:
- If, In a series of acts so connected together so as to form the same transaction, the the accused may be charged with every such offence. (Section 220(1))
- One or more offences of criminal breach of trust or dishonest misappropriation of property will be considered as a single offence because of section 212. (Section 220(2))
- Where the acts alleged constitute offence falling within 2 or more separate definitions of any law by which offences are defined or punished, the person accused of them may be charged with and tried at one trial for each of such offences. (Sec 220(3))
- If the offence is constituted of several acts and each independent act is an offence and act combined constitute a separate offence, then accused will be charged with all the offences. (Sec (220(4))
- When it is doubtful which of the offence has been committed by the accused, the accused may be charged with having committed all or any of such offences or he may be charged in the alternative. (Sec 221)
- If the accused is charged with one offence and it appears in evidence that he committed a different offence for which he might have been charged with, he may be convicted of the offence which he is shown to have committed, although he was not charged with it. (Sec 221(2))
- Whenever you frame a charge of major offence and a minor offence is proved then in that case you don’t have to frame a new charge separately. (Sec 222)
- Joinder of charge is provided under section 224 of Crpc.
- Persons accused of the same offence committed in the course of the same transaction may be charged together. (Sec 223(a))
