Section 235 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Certainly! Here's a detailed explanation of Section 235 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which pertains to the particulars required in a charge.
🧾 Section 235: Particulars as to Time, Place, and Person
1. Requirement for Specific Details
Time and Place: The charge must include sufficient details about the time and place where the alleged offense occurred.
Person or Thing Involved: It should also specify the person (if any) against whom, or the thing (if any) in respect of which, the offense was committed.(prashantkanha.com)
Purpose: These particulars are necessary to provide the accused with adequate notice of the matter with which they are charged, ensuring a fair opportunity to prepare a defense.
2. Special Provisions for Criminal Breach of Trust or Dishonest Misappropriation
Specification of Amount or Property: When the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, it is sufficient to specify:
The gross sum of money involved,
A description of the movable property in respect of which the offense is alleged to have been committed.
Time Frame: The dates between which the offense is alleged to have been committed should be specified, without the need to detail particular items or exact dates.
Deemed as One Offense: The charge so framed shall be deemed to be a charge of one offense within the meaning of Section 242 of the BNSS.
Time Limit: The time included between the first and last of such dates shall not exceed one year.
⚖️ Comparison with Indian Penal Code (IPC)
Section 235 of the BNSS is broadly analogous to Section 212 of the Indian Penal Code (CrPC), which governs the particulars required in a charge. Both provisions aim to ensure that the accused is adequately informed of the charges to facilitate a fair trial.
🧭 Key Takeaways
Clarity in Charges: The provision mandates that charges contain sufficient details about the time, place, and person involved, ensuring the accused is well-informed.
Simplification for Certain Offenses: In cases of criminal breach of trust or dishonest misappropriation, the law allows for a simplified charge, specifying only the gross sum or a description of the property and the time frame, without detailing specific items or exact dates
Consistency with Legal Standards: This approach aligns with established legal standards, promoting fairness and transparency in the criminal justice process.
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