Framing of charges

Ranganath (Querist) 18 July 2009 This query is : Resolved
Dear ld counsels,

Is it possile for magistrate to add new sections and drop existing sections in chargesheet while framing charges.

The chargesheet doesnot reveal dowry demand or threat to life to complainint. Is it possible for magistrate to expand the charges based on statments given by witnesses (close family members of complainant). what is the procedure to be followed by magistrate in this case. also a summon order is also issued which has only ipc section 420 and 417.

Even after taking cognizance can the magitrate alter charges and rope in new accused.

Please clarify

Thanks

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PALNITKAR V.V. (Expert) 18 July 2009
Magistrate has powers to add or alter charge at any time if evidence is there. if the stage is framing of charges, then the magistrate can not go beyond the contents of the chargesheet. But if the stage is of recording of evidence after framing of charge, then the magistrate has got ample powers to add or amend the charges