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AMENDMENT OF A CRIMINAL COMPLAINT AFTER TAKING IT COGNIZANCE BY A TRIAL COURT– POSSIBLE?
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....MENDMENT OF A CRIMINAL COMPLAINT AFTER TAKING IT COGNIZANCE BY A TRIAL COURT– POSSIBLE?<br>By: - DR.MARIAPPAN GOVINDARAJAN<br>Other Topics<br>Dated:- 30-7-2025<br>Complaint The term 'complaint' is defined under Section 2(d) of the Code of Criminal Procedure, 1971 (now Section 2(1)(h) of Bhartiya Nagarik Suraksha Sanhita, 2023) as any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. Amendment of criminal complaint Whether a criminal complaint can be amended? Yes. A criminal complaint can be amended in certain circumstances, even though the Code of Criminal Procedur....
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....e doesn't have explicit provisions for it. Courts have recognized the possibility of amendments to address curable defects or infirmities, provided they don't cause prejudice to the other side. The amendment of a criminal complaint may be allowed in the following circumstances- * If the amendment is to correct minor errors or omissions in the complaint that don't fundamentally alter the nature of the case, courts may allow it. * The amendment should not unfairly disadvantage the accused. If the amendment introduces new facts, significantly changes the nature of the offense, or prejudices the accused's ability to defend themselves, it may not be allowed. * Courts are more likely to allow amendments if the magi....
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....strate has not yet taken cognizance of the offense (meaning the magistrate hasn't formally started the process of considering the complaint). In S.R. Sukumar Versus S. Sunaad Raghuram - 2015 (7) TMI 1260 - Supreme Court, the amendment application was filed on 24.5.2007 to carry out the amendment by adding Paras 11(a) and 11(b). Though, the proposed amendment was not a formal amendment, but a substantial one, the Magistrate allowed the amendment application mainly on the ground that no cognizance was taken of the complaint before the disposal of amendment application. Firstly, the Magistrate was yet to apply the judicial mind to the contents of the complaint and had not taken cognizance of the matter. Secondly, since summons was yet t....
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....o be ordered to be issued to the accused, no prejudice would be caused to the accused. Thirdly, the amendment did not change the original nature of the complaint being one for defamation. Fourthly, the publication of poem Khalnayakaru being in the nature of subsequent event created a new cause of action in favour of the respondent which could have been prosecuted by the respondent by filing a separate complaint and therefore, to avoid multiplicity of proceedings, the trial court allowed the amendment application. Considering these factors which weighed in the mind of the courts below, the High Court rightly declined to interfere with the order passed by the Magistrate allowing the amendment application and the impugned order does not ....
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....suffer from any serious infirmity warranting interference in exercise of jurisdiction under Article 136 of the Constitution. * In cases involving dishonoured checks, courts have shown some leniency in allowing amendments to correct minor errors, such as cheque dates, as long as the core of the complaint remains the same. In MUNISH KUMAR GUPTA Versus M/s MITTAL TRADING COMPANY - 2024 (4) TMI 1212 - SC Order, while disallowing an amendment seeking alteration in the date of the cheque from 22.07.2010 to 22.07.2012, the Supreme Court held that where the date is a relevant aspect based on which the entire aspect relating to the issue of notice within the time frame as provided under the Negotiable Instruments Act, 1881, and also as to ....
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....whether as on the date there was sufficient balance in the account of the issuer of the cheque would be the question, the amendment, as sought for, in the present circumstance, was not justified. In this case the amendment was sought after a long delay. The following are the limitations in filing amendment- * Amendments cannot be used to fundamentally alter the core allegations or the nature of the offense being complained about. * Amendments cannot introduce entirely new facts or add entirely new parties as accused. * Courts are more likely to allow amendments at an early stage of the proceedings, before evidence has been recorded. In Bansal Milk Chilling Centre Versus Rana Milk Food Private Ltd. & Anr. - 2025 (7) TMI 1532....
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.... - Supreme Court, the appellant filed a complaint against the respondent under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of cheque. The complaint alleged that the respondents purchased 'Desi Ghee' (milk products). The respondent issued three cheques to the tune of Rs.14 lakhs. The cheques, on presentation, were dishonoured. Therefore, a complaint was filed by the complainant. Summons were issued to the respondents. Examination of the complainant was completed. He was yet to be cross examined. The complainant filed an application for the amendment of original complaint on the ground that there was a typographical error. The respondents purchased 'milk' and not 'De....
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....si Ghee'. The respondents objected this amendment on the ground that no amendment was permissible after its cognizance. The respondents further contended that the amendment would change the nature of the complaint. The Trial Court allowed the application on the ground that since the complainant was yet to be cross examined no prejudice would be caused to the accused/respondents. The amendment was to rectify the typographical error. The application for the amendment has been filed at the initial stage. Therefore, the application was allowed by the Trial Court. The respondents challenged the order of trial court under Section 482 of the Code of Criminal Procedure before the High Court. The High Court allo....
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....wed the petition and set aside the order of the Trial Course. The respondent contended that amendment was not for typographical error. In the legal notice itself the complainant indicated the goods as 'Desi Ghee'. The amendment was an attempt to avoid the payment of GST. The High Court held that the amendment sought was not in the nature of typographical error. The amendment would have a wider impact and it would change the nature of the complaint. The High Court accepted the contentions of the respondent that the amendment is to avoid the payment of GST. The appellant filed the present appeal before the Supreme Court, challenging the order of the High Court. The Supreme Court considered the submis....
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....sions of both the parties. The Supreme Court considered the issue to be decided in this case is as to whether a criminal court has power to order amendment of complaint. In this regard, the Supreme Court relied on its own judgements. Referring to its previous judgements in this matter, the Supreme Court observed that any question about amendment of a written complaint should be considered by giving the widest latitude. amendments/alterations are not alien to the Code of Criminal Procedure. when a charge is altered, if there is no prejudice to the accused, the trial can be proceeded with. Further, if it is likely to prejudice, the Court may either direct a new trial or adjourn the trial to such period. Section 2....
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....17 of the Criminal Procedure Code grants liberty to the prosecutor and the accused to recall witnesses when charges are altered under the conditions prescribed therein. The test of 'prejudice to the accused' is the cardinal factor that needs to be borne in mind. The Supreme Court further observed that the amendment was moved at a stage when after summons being issued to the respondents, the chief examination of the complainant had concluded and when cross-examination was awaited. The amendment made is also only with regard to the products supplied. According to the complainant, while what was supplied was 'milk', by an inadvertent error 'Desi Ghee (milk products)' was mentioned. The error which occurred in the legal notice was ....
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....carried in the complaint also. The Supreme Court found that absolutely no prejudice would be caused to the respondents. It was a curable irregularity which the Trial Court rightly addressed by allowing the amendment It could not be said that by allowing the amendment at a stage when the evidence of the complainant was incomplete, failure of justice would occasion. It could also not be said that the amendment altered the nature and character of the complaint. The Supreme Court allowed the appeal and set aside the order of High Court and restored the order of Trial Court. The Supreme Court directed the Trial Court to proceed expeditiously and the parties will be at liberty to apply for recall of witnesses already examined.<br> S....
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