By: Vidhi Gupta, Banasthali Vidyapith, Rajasthan
The Supreme Court of India has ruled that if there is an alteration in the charges against an accused during a trial, certain procedural safeguards must be followed to ensure fairness.
Opportunity to Recall or Re-examine Witnesses:
If charges are altered, the parties involved in the case (i.e., the prosecution and the defense) must be given a fair opportunity to recall or re-examine any witnesses. This means that both sides should be allowed to question the witnesses again in light of the new or altered charges.
Recording Reasons for Alteration:
The court must record the reasons for altering the charges in its judgment. This means that the judge must provide a clear and detailed explanation of why the charges were changed.
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