Tolaram v. State of Rajasthan
Section 216 CrPC applies to summons trials. Amend the accusation if needed, but no retrial; use Section 217 to recall witnesses.
tolaram-v-state-of-rajasthan
Key point: Section 216 CrPC lets the court correct the accusation in any trial, including a summons trial. If the section was wrong, fix it.
But the Magistrate cannot order a retrial. Use Section 217 to recall or re-examine witnesses after the change. Here, the proper section was Section 225A IPC, not 225 IPC.
- Does Section 216 CrPC cover summons trials?
- Could the ACJM (Railways), Jodhpur legally order a retrial?
- Was the amendment of accusation under Section 216 proper?
- Section 216 CrPC applies to all trials. It exists to keep the accused fully informed of the correct accusation.
- No retrial power in such a situation. After alteration, use Section 217 to recall or re-examine witnesses.
- Accusation must fit the facts. If a wrong section was used, the court can change it to the correct section (here, 225A IPC).
08 Aug 1992 Two prisoners were lodged in Central Jail, Jodhpur; to be produced in Jaisalmer next day.
09–11 Aug Constables (led by Tola Ram) escorted them; one prisoner escaped on train near Lohawat.
12 Aug Report lodged; case first under Section 224 IPC, later theory under 225 IPC.
Jun 1993 Magistrate framed accusation under 225B IPC; trial began; 9 PWs, 3 DWs examined.
May 1995 Prosecution sought change under Section 216 to 223 & 225A(b) IPC; Magistrate also ordered retrial.
High Court Held: Section 216 applies; no retrial; proceed under Section 217; amendment to 225A sustained.
Petitioners (Accused)
- Section 216 does not cover summons trials.
- Ordering retrial is illegal and prejudicial.
- Amendment late in trial helps prosecution fill gaps.
State
- 216 applies to all trials; purpose is correct notice.
- Facts match Section 225A IPC, so amendment proper.
- Any prejudice can be cured by Section 217 recall.
- Section 216 applies to summons trials.
- Retrial direction was without authority; it was quashed.
- Amendment to 225A IPC sustained to reflect the correct offence.
- Magistrate to proceed under Section 217 CrPC and allow necessary recall on both sides.
Correct, don’t restart. Use Section 216 to correct the accusation in any trial, and Section 217 to fairly adjust evidence. A retrial is not the cure.
- Protects fair notice to the accused without derailing trials.
- Stops unwarranted retrials that waste time and help fill gaps.
- Shows how to cure prejudice via Section 217.
- 216 → Applies to all trials.
- Fix accusation to match facts.
- 225A IPC not 225 IPC in this case.
- 217 → Recall & re-examine.
- No retrial to fill gaps.
- Ensure no prejudice to either side.
- Identify the correct section.
- Amend under Section 216.
- Adjust proof under Section 217.
Issue
Does Section 216 apply to summons trials and can a Magistrate order retrial after altering the accusation?
Rule
Section 216 applies to all trials; Section 217 provides recall. Retrial is not the remedy for amendment.
Application
Facts matched Section 225A IPC, so amendment was proper. Retrial would unfairly aid the prosecution.
Conclusion
Amendment sustained; retrial set aside; proceed with recall under Section 217 and decide per law.
- Summons Trial
- Simplified trial procedure used for less serious offences; no formal “charge” but an accusation is stated.
- Amendment (s.216)
- Court’s power to correct the accusation to reflect the right offence.
- Recall (s.217)
- Right of both sides to recall or further examine witnesses after an alteration.
Kantilal Chandulal Mehta v. State
Charge alterationCourts may alter the charge to fit the offence if facts demand it, with safeguards.
Willie Slaney v. State of M.P.
No failure of justiceTechnical errors in charge do not vitiate trial unless prejudice is shown.
State of A.P. v. Thadi Narayana
Summons trialsExplains procedure and purpose of clear notice in summons cases.
- CASE_TITLE
- Tolaram v. State of Rajasthan
- PRIMARY_KEYWORDS
- Section 216 CrPC, Section 217 CrPC, amendment of accusation
- SECONDARY_KEYWORDS
- retrial power, Section 225A IPC, summons trial
- PUBLISH_DATE
- 2025-11-02
- AUTHOR_NAME
- Gulzar Hashmi
- LOCATION
- India
- SLUG
- tolaram-v-state-of-rajasthan
- CITATION
- 1997 CRILJ 2156
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