What Is BNSS Section 235?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 235: Particulars as to time, place and person.

(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.

Brefe Detail

Section 235 outlines the requirements for a charge related to an alleged offence, emphasizing the need for specific details regarding the time, place, and individuals or items involved. It particularly addresses cases of criminal breach of trust or misappropriation, allowing for a more generalized approach to charges without requiring precise details.

Question & Answers

What does Section 235 require regarding the charge?

Section 235 requires the charge to contain sufficient particulars as to the time, place, and the person or thing involved in the alleged offence, ensuring the accused has adequate notice.

How can charges for criminal breach of trust be framed?

Charges for criminal breach of trust can specify the gross sum or describe the movable property involved and the dates of the offence, without needing to list specific items or exact dates.

What is the time limit for the dates specified in the charge?

The time included between the first and last of the specified dates must not exceed one year.

What is the significance of section 242 in relation to Section 235?

Section 242 states that a charge framed as described in Section 235 will be considered a single offence, even if it encompasses a range of dates or amounts.

Example

- An accused is charged with the dishonest misappropriation of funds totaling ₹50,000 between January 1 and December 31 of the same year, without specifying individual transactions.

- If a charge states that the accused committed a criminal breach of trust involving a movable property described as office equipment, it is sufficient to indicate the nature of the property without listing every item.

Summary

This summary and the details provided give a clear overview of Section 235 and its implications in legal proceedings.