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Section 236 - The Bharatiya Nagarik Suraksha Sanhita, 2023
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.
(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.
Related Sections
- Section 340: Right of person against whom proceedings are instituted to be defended
- Section 510: Effect of omission to frame, or absence of, or error in, charge
- Section 279: Non-appearance or death of complainant
- Section 304: Officer in charge of prison to abstain from carrying out order in certain contingencies
- Section 85: Attachment of property of person absconding
Related Acts
- National Institutes of Food Technology, Entrepreneurship and Management Act, 2021
- Assisted Reproductive Technology (Regulation) Act, 2021
- Union Territory Goods and Services Tax Act, 2017
- Jammu and Kashmir Reorganisation Act, 2019
- Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020