Law4u - Made in India

What Is BNSS Section 236?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 236: When manner of committing offence must be stated.

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.

Brefe Detail

This section outlines when it is necessary to specify the manner in which an alleged offence was committed. If the particulars of the charge do not adequately inform the accused of the nature of the charges, additional details regarding the manner of the alleged offence must be included.

Question & Answers

What does Section 236 specify?

Section 236 specifies that if the details provided in sections 234 and 235 do not give the accused sufficient notice, the charge must include particulars of the manner in which the alleged offence was committed.

When is it unnecessary to state the manner of committing the offence?

It is unnecessary to state the manner when the nature of the case is straightforward, such as theft, where the act itself is clear.

What are some examples that require the manner of the offence to be stated?

Examples include cheating, giving false evidence, and obstructing a public servant, where the specifics of how the offence occurred are essential for clarity.

Example

A is accused of cheating B at a specific location. In this case, the charge must clearly describe how A deceived B, providing necessary context to the accusation.

A is accused of murder. If the charge is simply that A murdered B, there is no need to describe how the murder was carried out, as the crime itself is sufficiently clear.

Summary

This section emphasizes the importance of clarity in legal charges, ensuring that the accused is adequately informed of the accusations against them.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Devender Singh Parihar

Advocate Devender Singh Parihar

Civil, Criminal, Divorce, Family, High Court

Get Advice
Advocate Nootan Singh Thakur

Advocate Nootan Singh Thakur

Civil, Consumer Court, Family, Property, Landlord & Tenant, Divorce, Documentation, Criminal, Cheque Bounce, Wills Trusts, Revenue

Get Advice
Advocate Deep Kumar Patwa

Advocate Deep Kumar Patwa

Criminal, Civil, Motor Accident, Revenue, Cheque Bounce

Get Advice
Advocate Yar Mohammad

Advocate Yar Mohammad

Anticipatory Bail, Cheque Bounce, Family, High Court, Property, Muslim Law

Get Advice
Advocate Sivasankar Pulpra

Advocate Sivasankar Pulpra

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Media and Entertainment, Motor Accident, R.T.I, Succession Certificate

Get Advice
Advocate Ravi Sharma

Advocate Ravi Sharma

Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue, Cyber Crime

Get Advice
Advocate Tapas Kumar Patra

Advocate Tapas Kumar Patra

Anticipatory Bail,Arbitration,Banking & Finance,Cheque Bounce,Civil,Consumer Court,Corporate,Criminal,Cyber Crime,Divorce,Tax,

Get Advice
Advocate Jaikumar

Advocate Jaikumar

Anticipatory Bail, Civil, Criminal, Divorce, Domestic Violence, Family

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.