alterationof the charge

Anil Kumar kamboj Delhi M-9650 (Querist) 26 August 2008 This query is : Resolved
is it mandatory for the court to direct a new trial of adjorn the trial for some period in case of alterationof the charge?

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Kiran Kumar (Expert) 26 August 2008
in my opinion there is no need of new trial however the charges may be altered in the existing proceedings only.

the court may adjourn the matter for some time in view of the new charges.

deepak kumar (Expert) 27 August 2008
if the fresh charge is for graver offence then the witnesses have to be re- examined to give the accused an opportunity to cross examine the witness on the altered charge.
if the altered charge is for a lesser offence then there is no need for fresh trial.

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