BBanaka

BNSS Section 239: Court may alter charge

Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 18: THE CHARGE (A.—Form of charges, B.—Joinder of charges)

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239. (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.

Study: explanations and related material

Replaces CrPC 216. CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03)

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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