- 11-Jan-2025
- Criminal Law
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.
This section clarifies that the language used in a charge regarding an offence will be interpreted based on the legal definitions and meanings assigned by the relevant laws. Essentially, it ensures that terms in the charge reflect their legal significance.
A: It states that words used in describing an offence shall be deemed to have their meanings as defined by the law under which the offence is punishable.
A: This ensures clarity and consistency in the interpretation of charges, preventing ambiguity in legal proceedings.
A: Yes, the words are to be interpreted according to their legal definitions, which may differ from their everyday meanings.
- Example 1: If the charge states theft, it will be understood in the legal context defined by the law concerning theft, rather than in a general sense.
- Example 2: When using the term assault in a charge, it must be interpreted according to the specific legal definition of assault as per the applicable law.
Section 237 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes that the terminology used in legal charges will be interpreted based on the specific legal meanings assigned to those terms. This provision aims to ensure that all parties involved understand the charges in a consistent legal context, promoting fair legal proceedings.
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