BNSS Section 236: When manner of committing offence must be stated
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 18: THE CHARGE (A.—Form of charges, B.—Joinder of charges)
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236. When the nature of the case is such that the particulars mentioned in sections 234 and 235 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.
Illustrations.
(a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected.
(b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B.
(c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false.
(d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions.
(e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B.
(f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the disobedience charged and the law infringed.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 234. Contents of charge
- 235. Particulars as to time, place and person
- 237. Words in charge taken in sense of law under which offence is punishable
- 238. Effect of errors
- 239. Court may alter charge
- 240. Recall of witnesses when charge altered
- 241. Separate charges for distinct offences
- 242. Offences of same kind within year may be charged together
- 243. Trial for more than one offence
- 244. Where it is doubtful what offence has been committed
- 245. When offence proved included in offence charged
- 246. What persons may be charged jointly
- 247. Withdrawal of remaining charges on conviction on one of several charges