Legal Question in Criminal Law in India

Alteration of Charge by Appellate Court

Can Sessions Court Alter/modify/amend Charge: when some section(offence- X) was missed by trial court at the time of framing of Charge although charge was framed for some offences(say Y) ? Can Sessions Court add offence Y to Charge when the accused went for appeal against charge X already framed against him? The evidence for framing of charge for offence Y is already on file, but the trial court could not/ did not appreciate the same or simply ignored the evidence for offence Y. Plz suggest technical/ procedural steps required to be taken by Prosecution in order to get the guilty punished. Plz mention relevant Law/sections/authorities/rules etc. with citations in this behalf. (INDIA)


Asked on 3/26/09, 9:40 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Alteration of Charge by Appellate Court

If case is not finally decided, then consider preferring a Revision against order of trial court refusing framing of charge under offence Y.

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Answered on 3/27/09, 2:10 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Alteration of Charge by Appellate Court

Already replied.

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Answered on 4/04/09, 6:13 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Alteration of Charge by Appellate Court

You may better engage a local counsel to pursue your remedy in the Sessions Court.

The Sessions Court may be entitled to add a charge. You should seek guidance from the counsel may be conducting your case. An appropriate opinion may require perusal of complete records.

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Answered on 3/26/09, 4:36 pm


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