Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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27.

Any court may alter or add to any charge any time before :

A: The closing of arguments
B: The judgment is written
C: The judgment is pronounced
D: None of the above.

The answer is: C

Explanation

The correct option is C: The judgment is pronounced.

According to Section 216 of the Code of Criminal Procedure, 1973, any court may alter or add to any charge at any time before judgment is pronounced. This power is given to the court to remedy any defect in the charge, whether it arises from framing or non-framing of the charge, and whether it is discovered at the inception of the trial or at any subsequent stage of it. The court has to read and explain the altered or added charge to the accused, and if it is likely to prejudice the accused or the prosecutor, the court may direct a new trial or adjourn the trial for a suitable period. However, if the altered or added charge requires previous sanction for prosecution, the case cannot be proceeded with until such sanction is obtained.