CRPCSection 211-216Verified

Contents of Charge; Particulars; Joinder of Charges; Alteration of Charge

Form, contents, joinder, and alteration of criminal charges

Legal Commentary

Section 211(1): Every charge shall state the offence with which the accused is charged. Section 216: Any Court may alter or add to any charge at any time before judgment is pronounced — provided that if the alteration or addition is likely to prejudice the accused, the Court shall recall and re-examine witnesses and grant adjournment.

Explanation

Sections 211-216 define the charge — the formal written accusation that tells the accused precisely what offence they must answer. The charge must: state the specific offence; cite the law violated; state time, place, and person; and be in ordinary language. Section 216 — alteration of charge — is the most litigated provision: courts can alter or add to charges at any time before judgment, but if the alteration prejudices the accused (introduces new allegations they couldn't anticipate), the court must give time to recall witnesses and prepare defence. The Willie Slaney test: defects in charge do not vitiate trial unless the accused was 'misled or prejudiced' — formal technical imperfections are excused.

Related Topics

CrPC Section 211CrPC Section 216charge criminal trial Indiaalteration charge India CrPCjoinder charges IndiaBNSS Section 236 chargeframing charges IndiaCrPC 216 charge amendment

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Historical Context

Original Act
Code of Criminal Procedure
Category
CrPC
← All Code of Criminal Procedure Sections