Code of Criminal Procedure, 1973–Sec. 216–Alteration of charge–The provisions provide a balanced approach to frame charge during the trial–Such a power is to be exercised by the Trial Judge alone at his own instance so as to totally neutral and seemingly not at the instance of a prejudiced party–Section ensures that while the Court has the flexibility to adjust the charges based on new evidence or legal considerations but at the same time, the right of the accused to a fair trial are protected from potential prejudice–Procedural safeguards ought to be upheld so as to not jeopardize the rights of an accused/undertrial.
