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.
Why this exists
Some offences (like theft or murder) are simple enough that naming them, the time, and the place gives the accused clear notice. But other offences (like cheating, obstruction, or perjury) involve subtle conduct that could take many forms — for these, the accused needs to know the specific method or act alleged against them to mount a real defence, so this section requires those extra details when necessary.
Common misconceptions
- Myth: Every criminal charge must describe exactly how the crime was committed.
Fact: Only offences where the basic details (offence name, time, place, person) don't give clear enough notice — like cheating or obstruction — require this extra description of the manner of commission; simple offences like theft or murder do not.