Code of Criminal Procedure Act, 1973
216.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 defense 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.