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‘Test of Prejudice to the Accused’ has to be kept in mind - SC

Supreme Court in Anant Prakash Sinha @ Anant Sinha vs State of Haryana, has observed that while adding or altering a charge under Section 216 CrPC, the trial court has to keep in view, the test of prejudice to the accused. Apex Court Bench comprising of Justices Dipak Misra and Shiva Kirti Singh said that it is the duty of the trial court to bear in mind that no prejudice is caused to the accused as that has the potentiality to affect a fair trial.

Article referred: http://www.livelaw.in/test-prejudice-accused-kept-mind-adding-altering-charge-sc/

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