Supreme Court Allows Amendments in Criminal Complaints Without Prejudice

Supreme Court's Ruling on Criminal Complaint Amendments

The Supreme Court stated on Friday that courts can permit modifications to criminal complaints, provided these changes do not introduce any bias against the accused.

The bench, comprising Justice B. V. Nagarathna and Justice K. V. Vishwanathan, emphasized that procedural laws are meant to facilitate justice rather than obstruct it. This ruling reinforces the principle that technicalities in procedure should not overshadow the pursuit of justice, allowing for amendments under Section 138 of the Negotiable Instruments Act.

The apex court clarified that if changes are made to the charges and there is no resulting prejudice to the accused, the trial can proceed. The court remarked, 'If there is a possibility of prejudice arising, the court may either direct a new trial or adjourn the hearing for that period.'

Section 217 of the Code of Criminal Procedure grants the prosecution and the accused the liberty to recall witnesses under specified conditions when there are changes in the charges. The court deemed it appropriate to note that amending complaints is not a novel concept within the framework of the Criminal Procedure Code (CrPC).