Can a court alter or add to a charge after trial has started?

Yes. Section 239 BNSS permits any court to alter or add to a charge at any time before judgment is pronounced, subject to the safeguards in the section.

What happens after a charge is altered under Section 239 BNSS?

The alteration or addition must be read and explained to the accused. The court must then consider whether proceeding immediately would prejudice the accused or the prosecutor.

Section 239 BNSS: Court May Alter or Add to a Charge

Q: What is the corresponding CrPC provision for Section 239 BNSS?

Section 239 BNSS corresponds to Section 216 of the Code of Criminal Procedure, 1973.

Section 239 of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives a criminal court power to alter an existing charge or add a new charge at any time before judgment is pronounced. The provision also contains safeguards to protect both the accused and the prosecution from prejudice caused by the alteration.

Act: Bharatiya Nagarik Suraksha Sanhita, 2023 Act No. 46 of 2023 In force from: 1 July 2024 Last reviewed: 11 September 2026

In simple terms: a court can correct, modify or add to a charge before judgment, but the changed charge must be explained to the accused. If the change may prejudice either side, the court must provide adequate procedural protection, such as adjournment or a new trial.

Text of Section 239 BNSS

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.

Meaning of Section 239 BNSS

A criminal charge identifies the offence or offences that the accused must answer. During the course of a case, evidence or other material may show that the charge as originally framed needs correction or that another charge should be added. Section 239 authorises the court to make such an alteration or addition at any stage before judgment is pronounced.

The power is accompanied by safeguards because a change in the charge may affect the way the accused prepares the defence or the way the prosecutor presents the case. The section therefore requires the court to consider prejudice before deciding whether the trial can continue immediately.

Key Requirements under Section 239

Timing: the charge may be altered or added to at any time before judgment is pronounced.
Explanation to accused: every alteration or addition must be read and explained to the accused.
No likely prejudice: where immediate continuation is unlikely to prejudice either side, the court may proceed with the trial.
Likely prejudice: where immediate continuation may cause prejudice, the court may adjourn the trial or direct a new trial.
Previous sanction: if the altered or added offence requires prior sanction for prosecution, the proceeding cannot continue until the required sanction is obtained, unless a valid sanction already covers prosecution on the same facts.

What Does "Prejudice" Mean in Section 239?

The statutory safeguard focuses on whether proceeding immediately after alteration of the charge would adversely affect the accused in preparing or presenting the defence, or the prosecutor in conducting the case. The court therefore considers the practical effect of the change rather than treating every alteration in the same manner.

A minor correction that does not change the substance of the case may permit the trial to continue. A substantial new allegation, or a change requiring different evidence or a different defence strategy, may justify an adjournment or, where necessary, a new trial.

Altered Charge Must Be Read and Explained to the Accused

Sub-section (2) expressly requires every alteration or addition to be read and explained to the accused. This requirement helps ensure that the accused understands the precise accusation after the charge has changed and has a fair opportunity to meet it.

Effect of an Altered Charge on Witnesses

Section 240 BNSS deals specifically with recall of witnesses when a charge has been altered or added. It therefore operates as an important procedural safeguard alongside Section 239.

Previous Sanction under Sub-section (5)

Some offences cannot be prosecuted without prior sanction from the competent authority. If an altered or additional charge introduces such an offence, Section 239(5) prevents the case from proceeding on that charge until the necessary sanction is obtained. An already existing sanction is sufficient where it covers prosecution on the same facts on which the altered or added charge is founded.

Relationship with Other BNSS Provisions on Charges

Section 234 BNSS deals with the contents of a charge.
Section 235 BNSS deals with particulars as to time, place and person.
Section 236 BNSS specifies when the manner of committing the offence must be stated.
Section 237 BNSS explains the legal sense of words used in a charge.
Section 238 BNSS deals with the effect of errors or omissions in a charge.
Section 240 BNSS deals with recall of witnesses after alteration of a charge.

Corresponding Provision under the Code of Criminal Procedure, 1973

Section 239 BNSS corresponds to Section 216 of the Code of Criminal Procedure, 1973. The two provisions address the same subject: the court's power to alter or add to a charge before judgment and the procedural safeguards that follow.

Frequently Asked Questions

Can a court alter a charge after the trial has begun?

Yes. Section 239 permits alteration or addition of a charge at any time before judgment is pronounced.

Must the accused be informed about the changed charge?

Yes. Every alteration or addition must be read and explained to the accused.

Can the trial continue immediately after the charge is altered?

It can continue immediately if the court considers that doing so is not likely to prejudice the accused in the defence or the prosecutor in conducting the case. If prejudice is likely, the court may adjourn the trial or direct a new trial.

What is the corresponding CrPC provision?

The corresponding provision is Section 216 CrPC, 1973.

BNSS Commencement

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the BNSS came into force, subject to the notified exception relating to the relevant First Schedule entry concerning Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

This page is intended as a structured legal reference. For authoritative statutory text, amendments and notifications, consult the official Government of India resources linked in the sidebar.