Section 236 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 236 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📜 Full Text of Section 236
236. When manner of committing offence must be stated
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.
⚖️ Corresponding Provision in the Indian Penal Code (IPC)
Section 236 of the BNSS, 2023, corresponds to Section 213 of the Indian Penal Code (IPC), which also addresses the requirement to state the manner of committing an offence in certain cases. Both provisions aim to ensure that the accused is adequately informed of the charges against them, facilitating a fair trial.
🧭 Purpose and Significance
Ensuring Fair Notice: This section ensures that the accused is provided with sufficient details about the manner in which the alleged offence was committed, enabling them to prepare an adequate defense.
Clarity in Charges: By specifying the manner of commission, the charge becomes clearer, reducing ambiguity and potential for misinterpretation.
Legal Consistency: Aligning with the corresponding provision in the IPC promotes consistency in legal proceedings and interpretation across different legal frameworks.
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