⚖️ Shri Ganpati Jurists Legal Learning
Topic: No Deletion of Charges Once Framed – Section 216 CrPC Explained
Key Takeaway:
The Supreme Court ruled that charges once framed under Section 228 CrPC cannot be deleted mid-trial under Section 216 CrPC. This provision allows only addition or alteration, not deletion of charges.
Legal Insight:
Section 216 CrPC allows the trial court to add or alter charges at any time before judgment.
The power to delete or discharge charges is not contemplated under this section.
Once charges are framed, they must result in either conviction or acquittal — there’s no midway discharge option.
The Legislature has not granted courts the power to delete a charge after framing.
Courts must not entertain shortcuts that interfere with due trial procedure.
-New BNSS Reference:
The analogous section under the Bharatiya Nagarik Suraksha Sanhita (BNSS) is Section 239.
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