(1) The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged. (2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe the movable property in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 242: Provided that the time included between the first and last of such dates shall not exceed one year.
Bharatiya Nagarik Suraksha Sanhita
Section 235
Particulars as to time, place and person
⚡ Quick Answer Reference: Section 235 BNSS
- Provision: Section 235 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: THE CHARGE
- Jurisdiction: India
- Summary: This section requires that a charge must include enough details about the time, place, and person involved in the alleged offence to inform the accused of the charges against them.
What does Section 235 of BNSS say?
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What does Section 235 of BNSS mean?
Plain English Explanation
This section requires that a charge must include enough details about the time, place, and person involved in the alleged offence to inform the accused of the charges against them.
Practical Interpretation
In practice, this means that charges must be specific enough to give the accused a clear understanding of what they are being accused of, without needing to specify every minor detail.
Core Legal Purpose
The purpose of this section is to ensure that the accused has a fair opportunity to defend themselves by providing them with sufficient information about the alleged offence.
- •The charge must contain particulars as to the time and place of the alleged offence.
- •The charge must contain particulars about the person or thing in respect of which the offence was committed.
- •The particulars must be reasonably sufficient to give the accused notice of the matter with which they are charged.
- •When the accused is charged with criminal breach of trust or dishonest misappropriation, it is sufficient to specify the gross sum or describe the movable property and the dates between which the offence is alleged to have been committed.
Practical Example of Section 235 BNSS
For example, if Rajesh is accused of embezzling money from his employer, the charge would need to specify the amount of money allegedly embezzled and the time period during which the embezzlement occurred, but would not need to specify the exact dates of each individual transaction. This would give Rajesh a clear understanding of the charges against him and allow him to prepare a defence.
Frequently Asked Questions about Section 235 BNSS
Q: What is the punishment or consequence under Section 235 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to anyone who is accused of an offence, regardless of whether they are a private individual or a public entity.
Q: Is an offence under this section bailable or cognizable?
This section does not address the issue of bail or cognizability, as it is a procedural provision related to the framing of charges.
Common Questions about Section 235 BNSS
What is Section 235 of BNSS?
Section 235 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Particulars as to time, place and person". In plain terms: This section requires that a charge must include enough details about the time, place, and person involved in the alleged offence to inform the accused of the charges against them.
What is the punishment under Section 235 of BNSS?
Section 235 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 235 of BNSS bailable or non-bailable?
Whether Section 235 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 235 of BNSS?
The essential elements of Section 235 of BNSS are: The charge must contain particulars as to the time and place of the alleged offence.; The charge must contain particulars about the person or thing in respect of which the offence was committed.; The particulars must be reasonably sufficient to give the accused notice of the matter with which they are charged..
Landmark Judgments under Section 235 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 235
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