eMunshiFor citizens
BNSS · Section 239 · Chapter XVIII — THE CHARGE

Court may alter charge.

What this section does

A Court may alter or add to any charge at any time before judgment, and must read and explain the alteration to the accused. If the alteration is unlikely to prejudice either party, the trial may continue on the altered charge; if prejudice is likely, the Court may direct a new trial or adjourn. Where the altered charge requires prior sanction for prosecution, the case cannot proceed without such sanction unless already obtained on the same facts.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Court · Accused · Prosecutor
Time limit
Alteration permissible at any time before judgment is pronounced
Old-law correspondence

Derived from CrPC s.216.

Read the official text

For the binding statutory text of BNSS Section 239, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 239 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.