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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XVIII: The Charge

Section 236 BNSS: When manner of committing offence must be stated

Corresponding CrPC
Section 213 CrPC

Bare Act text

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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Where the particulars in sections 234 and 235 do not give the accused sufficient notice of the matter charged, the charge shall also contain particulars of the manner in which the alleged offence was committed, enough for that purpose. The illustrations show that a charge of theft or of murder at a given time and place need not set out how it was committed. A charge of cheating must set out the manner of cheating, a charge of false evidence must set out the portion alleged to be false, and a charge of obstructing a public servant must set out the manner of obstruction. A charge of disobeying a direction of the law with intent to save a person from punishment must set out the disobedience and the law infringed.

Chapter XVIII: The Charge

  1. 234 Contents of charge
  2. 235 Particulars as to time, place and person
  3. 236 When manner of committing offence must be stated
  4. 237 Words in charge taken in sense of law under which offence is punishable
  5. 238 Effect of errors
  6. 239 Court may alter charge
  7. 240 Recall of witnesses when charge altered
  8. 241 Separate charges for distinct offences
  9. 242 Offences of same kind within year may be charged together
  10. 243 Trial for more than one offence
  11. 244 Where it is doubtful what offence has been committed
  12. 245 When offence proved included in offence charged
  13. 246 What persons may be charged jointly
  14. 247 Withdrawal of remaining charges on conviction on one of several charges