Modifying criminal complaint

Querist : Anonymous (Querist) 02 September 2011 This query is : Resolved
Dear sirs,
I had filed under section 494 and the case is in process after filing of chargesheet. I have been advised that the complaint is not framed under correct section and would like to include section 498.
Pl. advise, if i can proceed with the same and what are the problems, if any.

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PARTHA P BORBORA (Expert) 02 September 2011
as the case has been charge sheeted you may argue before the trial court to frame charge under any suitable Section of law at the time of framing of charge. more over a court can amend a charge at any stage of trial before pronouncement of Judgment.

prabhakar singh (Expert) 02 September 2011
YES!Expert : PARTHA P BORBORA IS RIGHT.

DEFENSE ADVOCATE.-firmaction@g (Expert) 02 September 2011
Framing of charge and its amendment is different than amendment of complaint , it is not allowed.

Advocate. Arunagiri (Expert) 02 September 2011
Amendment of the complaint is not possible and not necessary.

u/s 216 cr.p.c the court may alter the charges at any point of time before pronouncing the final order.

So, court will alter the charges, based on the materials on record. So, you can produce any evidence to the commission of offense. By this the court will add the charges, even though it was not shown in the complaint.

Devajyoti Barman (Expert) 02 September 2011
Yes you should apply for alteration or addition of charge.
The court has power to add or alter charge even after submitting of charge sheet.

Raj Kumar Makkad (Expert) 02 September 2011
I do agree with Arungiri & Brman.

Guest (Expert) 02 September 2011
GIVE EVIDENCE BEFORE THE COURT WHICH INCLUDE THE INGREDIENTS OF 498 A OF IPC. THEN THE COURT WILL ALTER CHARGE SO AS TO INCLUDE. IF NOT, FILE A PETITION U/S 216 OF CR.P.C. FOR ALTERATION OF CHARGE.