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.
Bharatiya Nagarik Suraksha Sanhita
Section 236
When manner of committing offence must be stated
⚡ Quick Answer Reference: Section 236 BNSS
- Provision: Section 236 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: THE CHARGE
- Jurisdiction: India
- Summary: This section requires that when charging someone with an offence, the charge must include enough details about how the offence was committed so the accused knows what they're being charged with.
What does Section 236 of BNSS say?
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What does Section 236 of BNSS mean?
Plain English Explanation
This section requires that when charging someone with an offence, the charge must include enough details about how the offence was committed so the accused knows what they're being charged with.
Practical Interpretation
In practice, this means that for certain types of offences, the charge must specify not just what was done, but how it was done, to ensure the accused has sufficient notice of the allegations.
Core Legal Purpose
The purpose is to ensure fairness by giving the accused clear and specific information about the offence they're charged with, enabling them to prepare an effective defence.
- •The nature of the case must be such that the usual particulars do not give sufficient notice to the accused.
- •The charge must contain particulars of the manner in which the alleged offence was committed.
- •The key test is whether the accused has been given sufficient notice of the matter with which they are charged.
- •An exception or limitation might be when the offence is of a type where the manner of commission is inherently obvious or implied by the charge itself.
Practical Example of Section 236 BNSS
For example, if Rajesh is accused of cheating Priya, the charge must specify how Rajesh cheated Priya, such as by false representation or fraud, to give Rajesh sufficient notice of the charge. This ensures Rajesh knows exactly what actions of theirs are being questioned and can defend accordingly.
Frequently Asked Questions about Section 236 BNSS
Q: What is the punishment or consequence under Section 236 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the requirements for framing a charge.
Q: Does this section apply to private individuals or public entities?
The section applies to the process of charging any accused, regardless of whether they are private individuals or public entities, as long as the offence in question requires specification of the manner of its commission for a fair charge.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable. Those determinations depend on the specific offence being charged, not the procedural requirements outlined in this section.
Common Questions about Section 236 BNSS
What is Section 236 of BNSS?
Section 236 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "When manner of committing offence must be stated". In plain terms: This section requires that when charging someone with an offence, the charge must include enough details about how the offence was committed so the accused knows what they're being charged with.
What is the punishment under Section 236 of BNSS?
Section 236 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 236 of BNSS bailable or non-bailable?
Whether Section 236 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 236 of BNSS?
The essential elements of Section 236 of BNSS are: The nature of the case must be such that the usual particulars do not give sufficient notice to the accused.; The charge must contain particulars of the manner in which the alleged offence was committed.; The key test is whether the accused has been given sufficient notice of the matter with which they are charged..
Landmark Judgments under Section 236 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 236
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