Once a charge is framed at the start of a trial, it can never be changed.

Courts have the power to alter or add to a charge at any point before judgment, as long as the accused is informed and given a fair chance to respond to the changed charge.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 239

Court may alter charge

(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.§

Why this exists

As a trial unfolds, the evidence sometimes reveals that the original charge doesn't quite match what actually happened — the court needs flexibility to correct or add to the charge rather than restart the entire prosecution from scratch. At the same time, this section carefully protects the accused's right to a fair defence by requiring the change to be explained, and by mandating a new trial or adjournment if the change would genuinely prejudice either side.

How courts read it

Under the corresponding earlier provision (CrPC section 216), courts have held that the power to alter a charge is a wide, curative power meant to ensure the real controversy between the parties is tried, but must always be exercised judicially, with the accused given a genuine opportunity to meet the altered charge.

Common misconceptions

Myth: Once a charge is framed at the start of a trial, it can never be changed.
Fact: Courts have the power to alter or add to a charge at any point before judgment, as long as the accused is informed and given a fair chance to respond to the changed charge.