Section 234 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 234 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 pertains to the form and content of charges in criminal proceedings. This section ensures that charges against an accused are framed with clarity and precision, safeguarding the right to a fair trial
📜 Section 234: Contents of Charge
1. Statement of Offence
Every charge under this Sanhita shall state the offence with which the accused is charged
2. Specific Name of Offence
If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.
3. Definition of Offence
If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.
4. Reference to Relevant Law
The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.(
5. Legal Conditions Fulfilled
The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.
6. Language of the Charge
The charge shall be written in the language of the Court
7. Previous Convictions
If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.(
⚖️ Comparison with CrPC Section 211
Section 234 of the BNSS, 2023 is analogous to Section 211 of the Code of Criminal Procedure (CrPC), 1973, which also deals with the contents of a charge. Both sections emphasize the necessity for clarity and specificity in framing charges to ensure that the accused is fully informed of the allegations against them.
🧾 Example Scenario
Scenario: A person, Ravi, is accused of committing theft under Section 378 of the Bharatiya Nyaya Sanhita, 2023.
Application of Section 234:
Offence Stated: The charge will explicitly state that Ravi is accused of theft.
Specific Name: Since the offence is specifically named as "theft," it will be referred to by that name.
Definition: The charge will include a brief definition of theft as per the relevant section of the law.
Reference to Law: The charge will mention Section 378 of the Bharatiya Nyaya Sanhita, 2023, under which the offence is punishable.
Legal Conditions: It will be implied that all legal conditions required to constitute the offence have been fulfilled.
Language: The charge will be written in the language of the Court.
Previous Convictions: If Ravi has any prior convictions that may affect the punishment, they will be stated in the charge.(
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