Section 238 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Certainly! Here's a detailed explanation of **Section 238** of the **Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023**, in English:
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### 📜 Section 238: Effect of Errors
**Text of the Section:**
*"No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice."*([prashantkanha.com][1])
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### 🧭 Purpose and Context
Section 238 addresses the impact of errors or omissions in the charge sheet on the legal proceedings. It establishes that such errors or omissions are not considered material unless they mislead the accused and cause a failure of justice.([apnilaw.com][2])
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### ⚖️ Key Provisions
* **Non-Material Errors:** Errors in stating the offence or the particulars required to be stated in the charge, and omissions to state the offence or those particulars, shall not be regarded as material unless they mislead the accused and cause a failure of justice.
* **Material Errors:** If the accused is misled by such error or omission, and it results in a failure of justice, the error or omission shall be regarded as material.([vidhiadda.com][3])
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### 🔄 Comparison with the Code of Criminal Procedure (CrPC)
Section 238 of the BNSS is similar to **Section 215** of the Code of Criminal Procedure (CrPC), 1973, which also deals with the effect of errors in stating the offence or particulars in the charge. Both provisions aim to ensure that minor errors or omissions do not invalidate the proceedings unless they affect the fairness of the trial.([myjudix.com][4])
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### 🧭 Significance
* **Ensures Fairness:** By focusing on whether the accused was misled and whether justice was affected, this provision ensures that technical errors do not unduly impact the fairness of the trial.
* **Promotes Judicial Efficiency:** It prevents the dismissal of cases based on minor errors, thereby promoting efficiency in the judicial process.
* **Protects the Right to a Fair Trial:** It safeguards the accused's right to a fair trial by ensuring that substantial errors that affect the trial's fairness are addressed.
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