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R.V.Gopinath (Advocate)     06 December 2010

how to add another section in FIR

crime is heavy injurise,fracture in hand, all medical reports available but police filed FIR only section on 323 IPC. what is the remedy.occurrence on two months before so for chargesheet not  filed . how to add new section and what sections? any action can do against police?


 9 Replies


Mr. R.V.Gopinath,

You may approch superior authority of police like SSP in the district with documents and pray for fair investigation . He will certainly help you. Else you may directly complain the matter to DGP at State level. You may also apply the concerned magistrate praying for submitting and forwarding document as evidence to Investigating police officer.

G. ARAVINTHAN (Legal Consultant / Solicitor)     06 December 2010

FIR is just an information. Better you get all the injuries certificate and other medical certificates to prove the injuries.

If other serious sections were not included in Charge Sheet, then direction from court can be taken to include those sections


make a complete details of your injuries with relevant documents and report before the investigation officer and give a statement and witnesses to that effect.  If he has not inclined , complain the same to the higher officials.  You will get remedy

Advocate. Arunagiri (Advocate High Court Madras.)     07 December 2010

Charges can be added at any time during the trial. It is not necessary it should be in the charge sheet.

1 Like

N.K.Assumi (Advocate)     08 December 2010

Concurred with Arungiri. It is the Judge who will do the job either to delete tthe section or to add it depending on the facts of the case at the time of framing the charge. nothing to wrorry.


Mr. Assumi sir, I differ on some technical point with you reply.  because the charge framed is only based on the documents which is submitted by the investigation officer.  In this case the investigation officer has not filed charge sheet not filed (final report/challan)  Now the complainant want to take steps to alter the section of FIR at the time of filing the charge sheet. ( i.e 324 into 326 or 307 of IPC) .


but your reply is after filing of charge sheet.

It is just a clarification. divergent views 

Advocate. Arunagiri (Advocate High Court Madras.)     09 December 2010

Please see s.216 cr.p.c.

(1)Any court may alter or add to any charge at any time before the judgment is pronounced.

S.B.adil rahman (Legal Consultant )     09 December 2010

Could you kindly tell whether the case is under investigation or has been charge sheeted? I wonder how can the police record a a case under section 323 IPC which a non-cognizable offence? Had the case been really started or only the complaint was entered in the P.S General Diary as a non cog matter? If the case had at all been recorder was it only under section 323 or other sections were also there? If other cognizable sections were there, has the police dropped the cognizable sections and filed the case under section 323 IPC. If the case had been recorded under section 323 IPC then it was illegal.If the case has been filed means closed then file a naraji petition and also file a complaint against the police officer u/s 218 IPC.   


Offence under section 323 I.P.C.is non cognizable hence police is not oblized to file chargesheet . You may approch Magistrate empowered under sectin 190 Cr.P.C. praying for order of investigation under section 156(3) Cr.P.C. You may also file a private complaint for offences alleged by you under section 200 Cr.P.C

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