(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.
Code of Criminal Procedure (CrPC)
212 CrPC Particulars as to time, place and person
213 CrPC When manner of committing offence must be stated
214 CrPC Words in charge taken in sense of law under which offence is punishable
216 CrPC Court may alter charge
217 CrPC Recall of witnesses when charge altered
218 CrPC Separate charges for distinct offences
219 CrPC Three offences of same kind within year may be charged together