Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Charges Framed Cannot Be Deleted Invoking S.216 CrPC/S.239 BNSS : Supreme Court
The Supreme Court clarified that charges framed against an accused cannot be deleted by invoking Section 216 of the Criminal Procedure Code (CrPC) or the corresponding Section 239 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The apex court reiterated that Section 216 CrPC (and Section 239 BNSS) empowers the court to alter or add to the charges, but not to delete them. The proper stage for seeking discharge from charges is under Section 227 CrPC (or the corresponding provision in BNSS) before the framing of charges, or through a revision petition against the order framing charges. This ruling provides clarity on the procedural aspects of charge alteration and discharge in criminal trials.