CRPC216
CrPC to BNSS

Court may alter charge

Text carried over almost unchanged 100% Repealed 01 Jul 2024

CRPC 216 (Court may alter charge) corresponds most closely to BNSS 239, Court may alter charge, on a text comparison scoring 100 per cent. The Code of Criminal Procedure, 1973 was repealed with effect from 01 Jul 2024, but conduct before that date is still charged, tried and appealed under it.

Repealed · Code of Criminal Procedure

Section 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 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.

In force · Bharatiya Nagarik Suraksha Sanhita

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.

Other provisions with similar text

The next closest matches, in order. Where a provision was split or merged, the answer is often more than one of these.

How this table was made, and what it is not

There is no official machine-readable correspondence between the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023. The Ministry published comparison charts for human readers; nothing exists that a computer can check. So this is not an official mapping and we do not present it as one.

What it measures is how alike the text of two provisions is. For each provision of the old enactment we compare its words against every provision of the new one and report the closest, with the score. That works here because the new codes are largely a renumbering rather than a rewrite: where a provision carried over near-verbatim the match is self-evidencing, and you can see it for yourself, because both texts are set out side by side on every entry.

Where the law genuinely changed, the score falls and the entry says no close match found rather than offering a guess. Those entries matter: they are where the reform actually did something.

Check before you cite. A high score means the words are alike, not that a court has held the provisions equivalent. For that, read both texts and the Gazette.

Full CrPC to BNSS table

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.