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BNSS, 2023
Start Practicing
BNSSChapter XVIIISection 236
Section236

When manner of committing offence must be stated

AI Assist

Summary

When the usual particulars do not give the accused enough notice of the conduct charged, the charge must also state the specific manner in which the offence is alleged to have been committed. This is required where the mode of doing the act matters to the accusation, for example cheating or giving false evidence. If the manner is immaterial, it need not be set out.

Example

Priya paid Arjun money for a flat and says he induced her by false promises and fake papers. Because cheating depends on how she was deceived, the charge must specify the manner of the deception (what false statements or documents were used).

Bare Act

Enacted text

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.

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XVIII

Chapter XVIII

The Charge

In this chapter

  • 234Contents of charge
  • 235Particulars as to time, place and person
  • 236When manner of committing offence must be stated
  • 237Words in charge taken in sense of law under which offence is punishable
  • 238Effect of errors
  • 239Court may alter charge
  • 240Recall of Witnesses when charge altered
  • 241Separate charges for distinct offences
  • 242Offences of same kind within year may be charged together
  • 243Trial for more than one offence
  • 244Where it is doubtful what offence has been committed
  • 245When offence proved included in offence charged
  • 246What persons may be charged jointly
  • 247Withdrawal of remaining charges on conviction on one of several charges
Previous · Section 235Particulars as to time, place and personNext · Section 237Words in charge taken in sense of law under which offence is punishable