meaning of prejudice.
Querist :
Anonymous
(Querist) 13 July 2011
This query is : Resolved
Section 216 of the crpc
(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.
What does the above want to say also the meaning of prejudice? becasue i am also confused between meaning of prejudice & without prejudice.
Thanks
Raj Kumar Makkad
(Expert) 14 July 2011
In the above noted section, the intention of law is that if court reaches to the opinion that such alteration of addition of charge shall cause harm to the accused so far as his already disclosed defence then it shall not be added or altered but if no such harm is likely to occur to the accused then it can be very well altered or added.
Querist :
Anonymous
(Querist) 14 July 2011
sir thank u
sir any case which has decided the above mentioned section keeping in mind as here harm means which harm sir.
Physical, Mentally, Money or any other harm sir.
