Trial Court Can Entertain Second Plea Under Section 216 CrPC to Add or Alter Charge After Earlier Rejection: Allahabad High Court

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Published 28 October 2026

Bottom Line Up Front (BLUF)

The Allahabad High Court held that a trial court can entertain a second application under Section 216 of the Code of Criminal Procedure, 1973 (CrPC) to add or alter a charge, even if a similar application was previously rejected. The court clarified that there is no bar to considering a fresh application if new material or circumstances emerge.

Ratio Decidendi · Legal Principle Established

A trial court is not barred from entertaining a second application under Section 216 of the Code of Criminal Procedure, 1973, for adding or altering a charge, even if a previous application for the same purpose was rejected, provided there are new materials or circumstances warranting such reconsideration.

Practice & Procedural Impact for Advocates

Advocates can file subsequent applications under Section 216 CrPC if new evidence or circumstances arise, even after an initial rejection. Litigants should be aware that charges can be altered or added at any stage of the trial before judgment, provided there is fresh material.

Key Legal Takeaways

1Section 216 CrPC allows courts to alter or add charges at any time before judgment.
2There is no specific bar against a second application under Section 216 CrPC.
3New material or changed circumstances can justify a fresh application for charge alteration.

The Legal Issue The Allahabad High Court addressed the question of whether a trial court can entertain a second application under Section 216 of the Code of Criminal Procedure, 1973 (CrPC), to add or alter a charge, after an earlier application for the same purpose had been rejected. Section 216 CrPC empowers a court to alter or add to any charge at any time before judgment is pronounced.

Court's Reasoning The Allahabad High Court clarified that Section 216 CrPC does not impose any restriction on the number of times an application for alteration or addition of a charge can be moved or entertained. The court reasoned that the power to alter or add charges is a continuous one, exercisable at any stage of the trial before judgment, if new material comes to light or circumstances change. The court emphasized that the rejection of an earlier application does not create a bar for a subsequent application if it is based on fresh grounds or new evidence. The court noted that for new proceedings, Section 244 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) would be the corresponding provision, and counsel should confirm which applies.

What Follows The ruling implies that trial courts are not precluded from reconsidering the alteration or addition of charges if new facts or evidence emerge, even if a similar request was previously denied. This allows for flexibility in criminal trials to ensure that appropriate charges are framed based on the evolving evidence. Counsel must confirm whether CrPC or BNSS applies based on the proceeding's initiation date.