Sec. 216 of the Cr.PC — Court can exercise its powers of altering or adding charges even after the completion of evidence, arguments and reserving of the Judgment

 

SC – Dismissing the Appeal against the Andhra Pradesh HC judgment, the Hon’ble SC held that the HC spelt out the reasons that have necessitated the addition of the charges under Sections 406 and 420 of IPC. Sec. 216 of the Cr.PC provides the court an exclusive power to change or alter any charge.

The test to be adopted by the court while deciding upon an addition or alteration of a charge is that the material brought on record needs to have a direct link or nexus with the ingredients of the alleged offence.

Addition of a charge merely commences the trial for the additional charges, whereupon, based on the evidence, it is to be determined whether the accused may be convicted for the additional charges. — Hon’ble Justices Dr. Dhananjaya Y. Chandrachud and Hrishikesh Roy [21-01-2020]

Counsel for the Parties – Ms. Rashmi Nandakumar, AOR Mr. Shankar Narayanan, Ms. Ayushma Awasthi, Mr. Mahfooz Ahsan Nazki, AOR Mr. Gowtham Polanki, Ms. Anindita Mitra, AOR Mr. A.T.M. Ranga Ramanujam, Mr. M. A. Chinnasamy, AOR Mr. C. Rubavathi, Mr. V. Senthil Kumar, Mr. P. Rajaram

Read the full judgment with iDRAF (Issue,Decision,Reasoning,Arguments,Facts) by clicking on the judgment heading at the top.

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