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BNSS, 2023
Start Practicing
BNSSChapter XVIIISection 237
Section237

Words in charge taken in sense of law under which offence is punishable

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Summary

Words used in a criminal charge are to be read with the meaning the law that creates the offence gives them. If a term in the charge has a statutory definition, that legal meaning governs how the accused is to be understood and tried. This prevents ordinary-language meanings from changing the legal scope of the charge.

Example

Priya is charged with 'theft' for moving goods from a shared store. The statute defines 'theft' to require dishonest removal, not every disputed transfer. Under this rule the court will read 'theft' according to the statute, not ordinary usage.

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Enacted text

In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.

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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 236When manner of committing offence must be statedNext · Section 238Effect of errors