ALTERATION OF CHARGE IN CRIMINAL CASE

Abstract

Alteration of charge is defined as a precise formulation of the specific accusation made against a person who is entitled to know the nature of the offence leveled against him. The purpose of alteration of charge is to ensure the accused to have full knowledge on the statement brought against him. The same should be a concrete accusation alleged to have been done by the person. Alteration of charge means reading the offence against the accused by altering the same by the court against the man facing trial. The same should be done from reading the c/s and F.I.R. Charge should contain material allegations against the offender. In all cases charge is the threshold of trial. Alteration of charge is necessary to amend the earlier charge in order to fix right liability upon the accused and to ensure justice. So the same should be done paying specific attention to time, Place, and manner of the commission of offence. In altering charge particular points should be mentioned and the same should be read over to the accused. When the same is not duly done trial is vitiated. All charges should be read over to the accused. So the accused should know which point should be added or deleted. An accused should not be tried without letting him to know the portion of alteration or part amendment of the charge and the altered charged must be read over to the accused and he should not be tried in darkness.