The correct answer is (b).
Section 212 of the Code of Criminal Procedure 1973 states that “the Court may, at any time before judgment, add or alter any charge against the accused, or withdraw any charge, and may, in either case, direct the accused to plead to the charge as so added, altered or withdrawn.”
Section 211 of the Code of Criminal Procedure 1973 states that “no Court shall take cognizance of any offence except on complaint made by some person aggrieved by the offence, or on the report of a police officer.”
Section 215 of the Code of Criminal Procedure 1973 states that “when an accused person is brought before a Magistrate, the Magistrate shall, after taking the plea of the accused, inquire into the charge and, if he is satisfied that there is sufficient ground for proceeding against the accused, he shall frame a charge and read it to the accused.”
Section 216 of the Code of Criminal Procedure 1973 states that “after the charge has been framed, the Magistrate shall proceed to hear the case.”
In the given question, the accused is already before the Magistrate and the charge has already been framed. Therefore, the Magistrate can only add or alter the charge under Section 212 of the Code of Criminal Procedure 1973.