No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice. Illustrations. (a) A is charged under section 180 of the Bharatiya Nyaya Sanhita, 2023, with “having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit,” the word “fraudulently” being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material. (b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material. (c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error. (d) A is charged with the murder of Khoda Baksh on the 21st January, 2023. In fact, the murdered person's name was Haidar Baksh, and the date of the murder was the 20th January, 2023. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial. (e) A was charged with murdering Haidar Baksh on the 20th January, 2023, and Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 2023. When charged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from this that A was misled, and that the error was material.
Bharatiya Nagarik Suraksha Sanhita
Section 238
Effect of errors
⚡ Quick Answer Reference: Section 238 BNSS
- Provision: Section 238 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: THE CHARGE
- Jurisdiction: India
- Summary: This section says that if there's an error in the charge sheet, it's not considered a big deal unless the accused was actually misled by it and it affected the outcome of the case.
What does Section 238 of BNSS say?
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What does Section 238 of BNSS mean?
Plain English Explanation
This section says that if there's an error in the charge sheet, it's not considered a big deal unless the accused was actually misled by it and it affected the outcome of the case.
Practical Interpretation
In real-life cases, this section means that courts will look at whether the accused was actually misled by the error and whether it affected the case. If not, the error is not considered significant.
Core Legal Purpose
The core purpose of this section is to ensure that errors in charge sheets don't unfairly prejudice the accused or lead to wrongful convictions.
- •No error in stating the offence or its particulars
- •No omission to state the offence or its particulars
- •The accused must have been misled by the error or omission
- •The error or omission must have occasioned a failure of justice
Practical Example of Section 238 BNSS
Rajesh is charged with cheating Priya, but the charge sheet doesn't specify how he cheated her. In court, Rajesh defends himself and calls witnesses to explain what happened. The judge infers that the omission of the manner of cheating is not material because Rajesh was not misled and had a fair chance to defend himself.
Frequently Asked Questions about Section 238 BNSS
Q: What is the punishment or consequence under Section 238 of BNSS?
There is no punishment or consequence under Section 238 of BNSS. This section is about the effect of errors in charge sheets, not about punishing anyone.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities. It's a general provision that applies to all cases where there's an error in the charge sheet.
Q: Is an offence under this section bailable or cognizable?
This section is not about an offence, but about the effect of errors in charge sheets. Therefore, it's not bailable or cognizable.
Common Questions about Section 238 BNSS
What is Section 238 of BNSS?
Section 238 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Effect of errors". In plain terms: This section says that if there's an error in the charge sheet, it's not considered a big deal unless the accused was actually misled by it and it affected the outcome of the case.
What is the punishment under Section 238 of BNSS?
Section 238 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 238 of BNSS bailable or non-bailable?
Whether Section 238 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 238 of BNSS?
The essential elements of Section 238 of BNSS are: No error in stating the offence or its particulars; No omission to state the offence or its particulars; The accused must have been misled by the error or omission.
Landmark Judgments under Section 238 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 238
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