(2) Subject to the provisions of this code as to the joinder of charges and the separate
trial of distinct offences any Court may at any time before judgement is pronounced
frame a new charge or additional head of charge or amend any charge which is
erroneous or defective; provided always that a High Court shall not frame a charge or
head of charge based on facts of which evidence has not been taken at the magisterial
inquiry.
(3) Every charge or head of charge so framed, added or amended shall be read and
explained to the accused and his plea thereof shall be taken.
196.
When Court may Proceed with Trial Immediately after Framing, Altering or
adding to Charge.
If the charge as revised under section 195 is such that proceeding immediately with the
trial is not likely in the opinion of the Court to prejudice the accused in his defense of the
prosecutor (if any) in the conduct of the case, the Court may in its discretion forthwith
proceed with the trial as if the charge so revised had been the original charge.
197.
When New Trial may be Directed, or Trial Suspended.
If the revised charge is such that proceeding immediately with the trial is likely in the
opinion of the Court to prejudice the accused or the prosecutor as aforesaid, the Court
may either, direct a new trial or adjourn the trial for such period as may be necessary.
199.
Recall of witnesses when Charge Revised.
For every distinct offence of which any person is accused there shall be a separate charge
and every such charge shall be tried separately, except in the cases mentioned in sections
200, 201, 202, 203 and 296.
Illustration.
A is accused of theft on one occasion, and of causing grievous hurt on another occasion.
A must be separately charged and separately tried for the theft and for causing grievous
hurt.
200.
Offences of like Character may be Charged Together.
Where a person is accused of several offences of the same or similar character he may be
charged with and tried at one trial for any number of them; provided that if the Court,
before the trial or at any stage of the trial before judgment is pronounced, considers that
he may be prejudiced or embarrassed in his defense by such procedure or that for any
other reason it is desirable to do so, the Court may order a separate trial for any one or
more of such charges.
66
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