What Is BNSS Section 236?

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.