Cognizance of cases

Jeevesh (Querist) 18 March 2012 This query is : Resolved
Can a magistrate add or subtract the offences at the time of taking cognizance on police report or it can only be done be filing supplementary chargesheet or u/s 216 CrPC.
refer any ratios if available..........

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V R SHROFF (Expert) 18 March 2012
YES:

MAGISTRATE CAN add or subtract the offences at the time of taking cognizance

CAN ALSO DELETE UNNECESSARY ACCUSED FROM LIST OF ACCUSED

PARTHA P BORBORA (Expert) 18 March 2012
yes, a magistrate can. A magistrate can even change the charge at any time during trial before pronouncement of the judgement.

Adv.R.P.Chugh (Expert) 18 March 2012
The Judge can alter/amend charge at any stage and proceedings may go on with respect to that charge denovo(afresh) or from that stage only. It has to be read and explained to the accused.

S.217 takes this further by allowing either party to call/recall witnesses in light of charge modification.

Raj Kumar Makkad (Expert) 18 March 2012
Court has got power to do so. There are numerous citations on this point.

Shonee Kapoor (Expert) 18 March 2012
Yes.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

s.subramanian (Expert) 19 March 2012
I agree with and fully endorse the above views.

Jeevesh (Querist) 19 March 2012
I donot have doubt on the proposition that the court can amend the charge anytime during the proceedings u/s 216 but that can be done only after formal charge has been framed. The real question is whether charge can be amended at the time of taking cognizance or after taking cognizance but before framing of charge. And if the answer is yes, than whether the charge can be amended at the time of taking of cognizance on police report or after taking cognizance but before framing charge in such a way so as to bring the cognizance in limitation period.