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.
Why this exists
This section balances precision with practicality: while an accused deserves clear notice of what, when, and against whom the offence allegedly occurred, some financial crimes (like ongoing embezzlement) happen through many small transactions over time that cannot realistically be itemised — so the law allows a reasonable date range and lump-sum description instead of demanding exact dates for every instance.
Common misconceptions
- Myth: Every charge must state an exact date and time for the alleged offence.
Fact: For offences like criminal breach of trust or misappropriation involving many small acts, the law specifically allows a general date range of up to one year instead of exact dates.