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Constitutional New Challenges

Limits of Judicial Power to Modify Charges: An Analysis of Supreme Court’s Ruling on Section 216 CrPC and Section 248 BNSS

I. Introduction

The power of criminal courts to frame, alter, or add charges is a vital procedural function in the criminal justice system. This power is codified under Section 216 of the Code of Criminal Procedure, 1973 (CrPC) and now finds place in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) under Section 248.

In a significant ruling, the Supreme Court of India in Directorate of Revenue Intelligence v. Raj Kumar Arora and NCB v. Sajesh Sharma (2024), has drawn the line between permissible alteration of charges and impermissible deletion of charges that effectively amount to discharge of the accused. This judgment clarifies how Section 216 CrPC / Section 248 BNSS should be applied by trial courts, especially in serious offences like those under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

II. Statutory Background and Framework

1. Section 216 CrPC – Court may alter or add to any charge

“Any Court may alter or add to any charge at any time before judgment is pronounced.”

This provision provides flexibility to criminal courts during trial. It acknowledges that errors or omissions in framing of charges may require correction in the interest of justice. However, the provision is silent on whether charges can be deleted, which has become the point of contention.

2. Section 248 of the BNSS – Corresponding Provision

Section 248 of the BNSS, 2023, replaces Section 216 CrPC without any material change in language or intent. It reads:

“The Court may alter or add to any charge at any time before judgment is pronounced.”

Thus, the legislative intent behind both provisions is identical — to allow modification of charges for just trial, but not to allow quashing, discharge or deletion of charges that have been lawfully framed.

III. Factual Matrix of the Case

The case arose out of two connected appeals involving serious charges under the NDPS Act:

  1. In Directorate of Revenue Intelligence v. Raj Kumar Arora, and
  2. In NCB v. Sajesh Sharma,

both accused were initially charged under Sections 8(c), 22, and 29 of the NDPS Act, which deal with unlawful possession, manufacturing, and conspiracy relating to narcotic drugs and psychotropic substances.

After charges were framed by Special Courts under Section 228 CrPC, the accused filed applications under Section 216 CrPC, contending that the substance seized was a “Schedule H drug” under the Drugs and Cosmetics Act, 1940, and not a prohibited narcotic substance under the NDPS Act. They sought deletion of charges under the NDPS Act and a remand to the Magistrate under the D&C Act.

Shockingly, the Special Courts allowed these applications, deleted the NDPS charges, and remitted the matter to Magistrates, treating it as a minor offence. These orders formed the subject matter of the appeal before the Supreme Court.

IV. Core Legal Issues

The Supreme Court had to address the following critical questions:

  1. Does Section 216 CrPC empower a court to delete charges after they have been framed under Section 228 CrPC?
  2. Can an application under Section 216 be used as a substitute for a discharge application under Sections 227/239 CrPC?
  3. Was the deletion of NDPS charges in the present case justified in law?

V. Supreme Court’s Analysis and Findings

1. Nature and Scope of Section 216 CrPC / Section 248 BNSS

The Court held that Section 216 CrPC is a procedural tool designed to alter or add to the charge, not to delete it. A deletion of charge is equivalent to a discharge, which must be done under Section 227 CrPC in sessions trials or Section 239 CrPC in warrant cases — both of which require a distinct procedural mechanism and judicial satisfaction on merits.

“Section 216 empowers the Court to add or alter charges but does not entitle the accused to seek discharge or quashing of charges under its guise.”
– Supreme Court, Para 173

This clarifies that a request for deletion of a charge framed under Section 228 CrPC cannot be entertained under Section 216, since it undermines the process of trial and circumvents the discharge mechanism.

2. Impropriety of Trial Courts’ Orders

The Supreme Court strongly criticised the approach of the Special Judges, stating that once charges are framed after satisfaction of the court under Section 228 CrPC, they cannot be undone merely because the accused brings a different legal perspective or reargues factual aspects.

“Trial Courts acted without jurisdiction… the power under Section 216 does not permit discharge disguised as alteration.”

By doing so, the trial courts:

  • Bypassed the legal procedure for discharge,
  • Exercised appellate functions without jurisdiction, and
  • Diluted the seriousness of offences under the NDPS Act.

3. Precedents Cited by the Court

The Court relied on several landmark judgments to support its reasoning:

(i) K. Ravi v. State of Tamil Nadu, 2024 SCC OnLine SC 2283

Held: “Once charge is framed, the court becomes functus officio as regards discharge. Section 216 cannot be invoked to defeat a validly framed charge.”

(ii) Amit Kapoor v. Ramesh Chander, (2012) 9 SCC 460

This case emphasized that the test for framing charges is not proof beyond reasonable doubt but only prima facie suspicion, and interference with framed charges must be extremely limited.

(iii) State v. Suman Sood, (2001) 5 SCC 529

Clarified that alteration is permissible to correct legal or factual errors but not to nullify the very basis of trial.

VI. Final Verdict

Based on the above analysis, the Supreme Court held:

  • The NDPS charges had been rightly framed by the Special Court under Sections 8(c), 22 and 29 of the NDPS Act.
  • The subsequent orders of deletion of charges and remission to the Magistrate were without legal sanction.
  • The applications filed under Section 216 CrPC were misconceived and abuse of process.
  • The Supreme Court restored the original charges and directed the Special Courts to proceed with trial under the NDPS Act.

VII. Comparative Chart: Section 216 CrPC vs Section 248 BNSS

AspectSection 216 CrPCSection 248 BNSS
Language“Alter or add any charge before judgment”Same
Deletion of ChargesNot permittedNot permitted
Framing of ChargesAfter satisfaction under Section 228 CrPCUnder Section 250 BNSS
Discharge MechanismSections 227/239 CrPCSections 262/263 BNSS
Judicial InterpretationNo backdoor discharge through Section 216Applies similarly to Section 248
PurposeTo correct omissions/errors during trialSame

VIII. Implications of the Judgment

This ruling reinforces multiple legal principles:

✅ Doctrine of Procedural Discipline

Judicial powers under procedural law must be exercised strictly within the confines of the statute, and not by judicial creativity or convenience.

✅ Prevention of Abuse of Process

Section 216 CrPC cannot be invoked by accused to relitigate the stage of framing charges or seek discharge.

✅ Special Statutes Must Be Respected

The NDPS Act, being a special penal law, requires strict adherence to procedures. Courts cannot sidestep its rigour by invoking general criminal procedure tools.

✅ Guidance for Trial Courts under BNSS

With the coming into force of BNSS, the reasoning of this judgment equally applies to Section 248, maintaining judicial discipline in framing and alteration of charges.

IX. Conclusion

The Supreme Court’s ruling in Raj Kumar Arora and Sajesh Sharma marks a crucial reaffirmation of the boundaries of judicial power under procedural law. By holding that alteration of charge does not include deletion, and that such deletion cannot be used as a tool for post-charge discharge, the Court has clarified a gray area and protected the integrity of trial procedure.

The decision also serves as guidance under the new BNSS regime, where Section 248 carries forward the same intent as Section 216 CrPC. This judgment ensures that the procedural checks on criminal trials remain robust, preventing abuse and ensuring justice is neither delayed nor derailed.

Artificial Intelligence and the Law: Navigating Regulation and Rights

Artificial Intelligence (AI) is undeniably a transformative force in the contemporary world, redefining industries, enhancing efficiencies, and shaping human interactions in unprecedented ways. As a pervasive technology, AI has become an integral part of everyday life, often influencing decisions and actions without users being consciously aware of its presence. From personalized recommendations on digital platforms to complex medical diagnostics, AI technologies are omnipresent, necessitating a closer examination of their implications for society, governance, and the legal framework.

The Need for Regulation of Artificial Intelligence

The rapid advancements in AI technology have raised critical questions about its regulation. While AI has immense potential to contribute positively to societal development, its unregulated proliferation can lead to significant risks, including misuse, bias, privacy violations, and the erosion of accountability. The following reasons underscore the importance of regulating AI:

  1. Ethical Concerns: AI systems, especially those based on machine learning, often operate as “black boxes” with opaque decision-making processes. This lack of transparency can lead to ethical dilemmas, particularly when AI systems make decisions affecting human lives, such as in criminal justice, healthcare, or recruitment.
  2. Bias and Discrimination: AI systems learn from historical data, which may contain inherent biases. Unregulated AI can perpetuate or even amplify these biases, leading to discriminatory outcomes.
  3. Privacy and Security: AI-driven systems often rely on vast amounts of data, raising concerns about data privacy, unauthorized surveillance, and the misuse of personal information.
  4. Accountability and Liability: In cases of harm caused by AI systems, determining accountability can be complex. Who should be held responsible — the developer, the user, or the AI system itself?
  5. Economic Disruption: The deployment of AI in industries has the potential to displace jobs, necessitating a regulatory framework to address workforce reskilling and economic inequality.

The Interplay of AI Technology and Law

The relationship between AI and law is intricate, involving both the regulation of technology and the use of AI within the legal domain. This interplay can be analyzed under two broad dimensions:

1. Legal Implications of AI Development

The development of AI technologies presents unique challenges for the legal system. These include:

  • Intellectual Property Rights (IPR): Who owns the rights to content created by AI? Should AI systems themselves be granted intellectual property rights?
  • Data Protection Laws: The reliance of AI on massive datasets necessitates strict compliance with data protection laws, such as the General Data Protection Regulation (GDPR) in Europe or India’s Digital Personal Data Protection Act.
  • Ethical Guidelines: Developers must adhere to ethical standards to prevent the misuse of AI technologies, particularly in sensitive areas such as facial recognition and autonomous weapons.

2. Protection of Human Rights in AI Interactions

As humans increasingly interact with AI systems, safeguarding their rights is paramount. Key concerns include:

  • Right to Privacy: Ensuring that AI systems respect individual privacy and do not engage in unauthorized data collection or analysis.
  • Right to Non-Discrimination: Developing legal mechanisms to prevent AI systems from producing biased or discriminatory outcomes.
  • Right to Explanation: Guaranteeing that individuals affected by AI decisions have the right to understand how those decisions were made, fostering transparency and accountability.

AI’s Impact in the Legal Field

1. Transformation of Legal Practice

  • Automation of Repetitive Tasks: AI tools streamline time-consuming tasks such as document review, contract analysis, and legal research. This efficiency allows legal professionals to focus on strategic and creative aspects of their work.
  • Predictive Analytics: AI-powered tools analyze past case laws, court rulings, and legal precedents to predict case outcomes, aiding lawyers in strategizing their arguments.
  • Improved Access to Justice: AI-driven platforms simplify legal procedures, offering low-cost legal advice and services to individuals who might otherwise lack access to legal expertise.

2. Challenges in Legal Frameworks

  • Ambiguity in Accountability: Legal systems struggle to assign responsibility when AI systems cause harm or errors. This raises questions about liability and compensation.
  • Need for AI-Specific Legislation: Existing legal frameworks often fail to address the nuances of AI, such as intellectual property ownership for AI-generated content or the legality of decisions made by autonomous systems.
  • Cross-Border Jurisdiction Issues: As AI systems often operate across jurisdictions, legal frameworks must address the complexities of international law.

3. Ethics and Human Rights

AI’s application in law enforcement, surveillance, and judicial processes introduces ethical concerns:

  • Bias and Fairness: AI systems can inadvertently perpetuate societal biases, leading to discriminatory outcomes in areas like predictive policing or sentencing.
  • Transparency: Legal principles demand transparency in decision-making, but AI’s “black box” nature can conflict with this requirement.
  • Privacy: AI’s reliance on data, particularly sensitive personal information, necessitates robust legal protections.

4. Judicial Use of AI

Courts are beginning to explore AI for:

  • Case Management: AI helps prioritize cases, optimize schedules, and manage resources efficiently.
  • Sentencing and Bail Decisions: AI tools assist in evaluating risks, although they require careful oversight to avoid bias and ensure fairness.

How Far Should AI’s Role Extend?

AI’s integration into the legal field is inevitable, but its scope must be carefully defined to avoid undermining fundamental legal principles such as fairness, accountability, and human rights. Clear guidelines and safeguards are essential to:

  • Ensure that AI serves as a tool to assist legal professionals, rather than replace human judgment.
  • Prevent over-reliance on AI in judicial decision-making, preserving the human element of empathy and contextual understanding.
  • Balance innovation with ethical considerations to maintain public trust in the legal system.

Toward a Plausible Solution

Addressing the legal and ethical challenges posed by AI requires a multifaceted approach, involving stakeholders from technology, law, governance, and civil society. The following measures can serve as a foundation for regulating AI effectively:

  1. Comprehensive Legal Frameworks: Governments should enact laws specifically designed to address the unique challenges posed by AI. These frameworks must balance innovation with ethical considerations and prioritize human rights.
  2. Global Collaboration: AI’s impact transcends borders, necessitating international cooperation to establish unified standards and principles for its development and use.
  3. Ethical AI Design: Developers should integrate ethical considerations into AI systems from the outset, adopting principles such as fairness, transparency, and accountability.
  4. AI Literacy and Awareness: Public awareness campaigns and educational programs can empower individuals to understand AI technologies and their implications, fostering informed interactions.
  5. Oversight and Accountability Mechanisms: Independent regulatory bodies should oversee AI systems, ensuring compliance with legal and ethical standards and addressing grievances effectively.

Conclusion

Artificial intelligence represents a paradigm shift in technology, with the potential to transform societies for the better. However, its unregulated development poses significant risks that cannot be ignored. By recognizing the interplay between AI and law, policymakers, technologists, and legal professionals can collaboratively address the challenges posed by AI. Regulation, when thoughtfully designed, can ensure that AI technologies are harnessed for the benefit of humanity while safeguarding individual rights and upholding justice.

Fundamental Duties in Indian constitution

The moral responsibility of all people to support the unity of India and advance patriotism are known as the Fundamental Duties. These obligations, which are outlined in Part IV-A of the Constitution, affect both people and the country.

A Chapter IV-A with just one Article 51-A dealing with a Code of Ten Fundamental Duties for Citizens was added by the 42nd Amendment Act of 1976. Because rights and duties are related, fundamental duties are meant to act as a continual reminder to every citizen that while the constitution specifically granted them with certain Fundamental Rights, it also required them to obey some basic norms of democratic conduct and behaviour.

SCOPE

Fundamental duties are obligatory in nature. But there is no provision in the constitution for direct enforcement of these duties. There is no sanction either to prevent their violation. However the importance of fundamental duties can be gauged from the following facts:

a. As rights and duties are the two side of the same coin, it is expected that one should observe one’s duties in order to seek the enforcement of one’s fundamental rights, in the context if a person approaches the court for the enforcement of any of his fundamental rights, the court may refuse to take a lenient view of him if it comes to know that the concerned individual has no respect for what is expected of him by the state as a citizen of the country.

b. They can be used for interpreting ambiguous statutes. The court may look at the fundamental duties while interpreting equivocal statutes which admit of two constructions.

c. While determining the constitutionality of any law , if court finds that it seeks to give effect to any of the duties, it may consider such law to be ‘reasonable’, and thereby , save such law from unconstitutionality.

Value and Importance of fundamental duties in India :-

a) They serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of duties they owe to their country, their society and to their fellow citizens.

b) They serve as a warning against the anti-national and antisocial activities like burning the national flag, destroying public property and so on.

c) They serve as a source of inspiration for the citizens and promote a sense of discipline and commitment among them. They create a feeling that the citizens are no mere spectators but active participants in the realization of national goals.

The importance of fundamental duties is that they define the moral obligations of all citizens to help in the promotion of the spirit of patriotism and to uphold the unity of India.

The chart below lists the 11 Fundamental Duties under Article 51-A that every Indian citizen must follow:

S.No11 Fundamental Duties
1Respect the Indian Constitution’s values and institutions, as well as the National Flag and National Anthem.
2Keep in mind and uphold the great principles that motivated the nation’s fight for independence.
3Maintain and safeguard India’s sovereignty, unity, and integrity.
4When called upon, defend the country and perform national service.
5Promote tranquilly and a feeling of universal brotherhood among all Indians, regardless of religious, linguistic, regional, or sectional differences, and condemn behaviours that are demeaning to women’s dignity.
6To appreciate and protect the rich heritage of the country’s diverse culture
7To preserve and develop the natural environment, including woods, lakes, rivers, and wildlife, as well as to have compassion for all living things.
8Develop a scientific temperament, humanism, and an inquiring and reforming mentality.
9To protect public property and to avoid violence
10 To strive for excellence in all spheres of individual and collective activity, so that the nation is always striving for greatyer levels of success and endevour.
11Provide educational opportunities for his kid or ward between the ages of six and fourteen. The 86th Constitutional Amendment Act of 2002 added this duty.

FUNDAMENTAL RIGHTS IN INDIAN CONSTITUTION

The Fundamental Rights in India enshrined in Part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India.

The development of Fundamental Rights in India is heavily inspired by the United States Bill of Rights. These rights are included in the constitution because they are considered essential for the development of the personality of every individual and to preserve human dignity.

  • Fundamental Rights are included in Part-III of the Indian constitution which is also known as the Magna Carta of the Indian Constitution.
  • These rights are called fundamental rights because they are justiciable in nature allowing persons to move the courts for their enforcement, if and when they are violated.

 the Indian Constitution provided 7 Fundamental Rights which have now been revised to 6 Fundamental Rights which are as follows-:

Originally Right to property (Article 31) was also included in the Fundamental Rights. However, by the 44th Constitutional Amendment Act, 1978, it was deleted from the list of Fundamental Rights and made a legal right under Article 300A in Part XII of the constitution.

1. Right to equality (Articles 14–18)

 2. Right to freedom (Articles 19–22)

 3. Right against exploitation (Articles 23–24) 

4. Right to freedom of religion (Articles 25–28) 

5. Cultural and educational rights (Articles 29–30)

 6. Right to constitutional remedies (Article 32)

Features of The Fundamental Rights

Some of the salient features of Fundamental Rights include:

  • FRs are protected and guaranteed by the constitution.
  • FRs are NOT sacrosanct or absolute: in the sense that the parliament can curtail them or put reasonable restrictions for a fixed period of time. However, the court has the power to review the reasonability of the restrictions.
  • FRs are justiciable: The constitution allows the person to move directly to the Supreme Court for the reinforcement of his fundamental right as and when they are violated or restricted.
  • Suspension of Fundamental Rights: All Fundamental Rights are suspended during National Emergencies except the rights guaranteed under Articles 20 and 21.
  • Restriction of Fundamental Rights: The Fundamental Rights can be restricted during military rule in any particular area.
Fundamental Rights
Articles
1. Right to equality(a) Article 14 – Equal protection of laws and equality before the law
(b) Article 15 – Prohibition of discrimination on grounds of religion, caste, sex, place of birth, or race.
(c) Article 16 – Equality of opportunity in terms of public employment.
(d) Article 17 – Abolition of untouchability and prohibition of its practice.
(e) Article 18 – Abolition of titles except military and academic.
2. Right to freedom(a) Article 19 – Protection of six rights regarding freedom of:
(i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession
(b) Article 20 – Protection in a conviction for offenses.
(c) Article 21 – Protection of life and personal liberty.
(d)Article 21A –  Right to elementary education.’
(e) Article 22 –  Protection against arrest and detention in certain cases.
3.  Right against exploitation(a) Article 23 – Prohibition of traffic in forced labour and human beings.
(b) Article 24 – Prohibition of employment of children in Companies and factories, etc.
4. Right to freedom of religion(a) Article 25 – Freedom of conscience and free profession, practice, and propagation of religion
.(b) Article 26 – Freedom to manage religious affairs.
(c) Article 27 – Freedom from payment of taxes for promotion of any religion or religious affairs.
(d) Article 28 – Freedom from attending religious instruction or worship in certain educational institutions
5. Cultural and educational rights(a) Article 29 – Protection of language, script, and culture of minorities. 
(b) Article 30 – Rights of minorities to establish and administer educational institutions.
6. Right to constitutional remediesArticle 32 – Right to move the Supreme Court for the enforcement of fundamental rights including the writs of
(i)  Habeas corpus, 
(ii) Mandamus,   
(iii) Prohibition,
(iv) Certiorari,
(v)  Quo warrento

SALE and AGREEMENT TO SELL

Sale

A contract of sale is a generic term and includes both an actual sale and an agreement to sell. Section 4 provides that if the property in goods is transferred from the seller to the buyer under a contract, the contract is called a sale.

Agreement to sell

Where the transfer of the property in the goods will take place at a future time or is subject to some condition that has to be fulfilled, the contract is called an agreement to sell. Such an agreement to sell becomes a sale when the prescribed time lapses or the conditions are fulfilled. An agreement to sell can be described as the transfer of ownership of items that will happen in the future or that may happen if certain requirements are met. Section 4 (3) When the allotted time has passed or the requirements for the transfer are met, an agreement to sell also becomes a sale. The terms and circumstances of the offer of a property by the seller to the buyer are therefore established through an agreement to sell.

The price at which it will be sold and the expected payment date are included in these terms and conditions. It can also incorporate the idea of a contingent contract as defined by Section 31 of the Indian Contract Act of 1872. As a result, a contract to sell is a promise to act or not act in response to the occurrence or non-occurrence of a contingent event.

Both parties must act together and abide by all the terms and conditions outlined in the sale agreement throughout the whole deal process, up until the creation or completion of the sale deed. As a result, the sale deed is written using an agreement to sell as its foundation. In other words, a sale agreement is a confirmation of a potential future development that could happen if the terms and conditions stipulated in the present are met.

S.No.BasisSaleAgreement to Sell
1.DefinitionIt can be defined as the transfer of ownership of the goods by the seller to the buyer in exchange for the monetary consideration paid or promised, or partly paid and partly promised.It can be defined as the transfer of title of ownership on a future date after satisfying certain conditions or contingent clauses.
2.MeaningIn sale, the goods are transferred from the seller to the buyer immediately.In the agreement to sell, the property in the goods does not transfer immediately but at a future date specified in the agreement.
3.Executed contract/Executory contractBoth the sale and the agreement to sell are contracts. A contract of sale is an executed contract, which means both parties have fully performed their obligations.An agreement to sell is an executed contract where the parties have not fully performed their obligations.
4.Liable to sueIn both the sale and the agreement to sell, the seller can sue the buyer. In a contract of sale, the seller can sue the buyer for breaching the contract of sale.The seller can sue the buyer only for the damages, not the price.
5.Sale taxSales are liable for the sales tax.An agreement to sell is not liable for the sales tax.
6.Right to resaleIn a contract of sale, the seller has no right to resell the goods.In an agreement to sell, the seller has the right to resale the goods.
7.Liability for damageIn both the sale and the agreement to sell, there is a liability for damages to goods. If the goods are destroyed, the loss should be borne by the buyer even though the goods are in the possession of the seller.If the goods are destroyed, the loss should be borne by the seller even though the goods are in the possession of the buyer.
8.Right in rem/Right in personamThe Sale gives the right in rem, i.e. against the whole world.An agreement to sell gives the right in personam i.e., between the parties only.
9.Right to recover the moneyIf the buyer refuses to pay, the unpaid seller may have the right to recover the money as provided under Section 46 of the Sale of Goods Act of 1930.If the buyer refuses to accept and pay, the seller may claim non-acceptance damages.
10.ExamplesExample: Ram sold 12 bags of sugar to Ravi for a payment of Rs. 7,000.Example: Ram agrees to sell 12 bags of sugar to Ravi against a payment of Rs. 7,000 after getting the stock.

Conclusion

Hence, we conclude that when the seller agrees to sell the goods to the buyer at a future specified date or after the necessary conditions are fulfilled, then it is known as an agreement to sell, whereas when the seller sells goods to the customer for a price and the transfer of goods from the vendor to the customer takes place at the same time, then it is known as a sale. Also, we have seen various points of difference between the sale and the agreement to sell, apart from the period when the goods are delivered.