Kochhar not required to be heard on CBI’s plea to add Section 409 of IPC to charges against her: Court

The section pertains to criminal breach of trust by a public servant or by a banker, merchant or agent, and proposes the maximum imprisonment of life. Kochhar’s lawyer had argued that she needs to be heard on the plea and be allowed to make submissions on how the section cannot be invoked against her.

The CBI counsel, A Limosin, had opposed her stand stating that the accused are not required to be heard at this stage on the sections to be invoked. Special Judge M R Purwar said that he agreed with the CBI’s contention.

“If it is transpired to the investigating officer during investigation that any particular section is required to be added or deleted on the basis of material collected by him, he can very well add or delete the section and can intimate about it to the court. It is not necessary for him to seek prior permission of the court for that purpose,” the court said.

It added that the court can consider the applicability of the sections at a later stage, including when it has to decide on whether cognizance can be taken of the CBI chargesheet.