Section 237 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 237 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Provision:
In every charge, words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.
Explanation:
Section 237 of the BNSS, 2023, emphasizes that the terminology used in a charge should be interpreted according to the specific legal provisions under which the offence is punishable. This ensures clarity and consistency in understanding the nature of the offence, aligning the language of the charge with the definitions and scope provided by the applicable law.
Comparison with the Code of Criminal Procedure (CrPC):
| Provision | BNSS, Section 237 | CrPC, Section 214 |
|---|---|---|
| Interpretation of charge terms | Words in charge interpreted as per the law under which the offence is punishable | Words in charge interpreted as per the law under which the offence is punishable |
Both the BNSS and the CrPC adopt a similar approach in interpreting the terms used in charges, ensuring that they are understood in the context of the specific legal provisions under which the offence is punishable.
Illustrative Example:
Scenario: An individual is charged with "theft" under the Bharatiya Nyaya Sanhita, 2023.
Application of Section 237: The term "theft" in the charge will be interpreted according to the definitions and provisions related to theft as outlined in the Bharatiya Nyaya Sanhita, 2023, ensuring that the charge accurately reflects the legal framework under which the offence is punishable.
Conclusion:
Section 237 of the BNSS, 2023, serves to align the language of charges with the specific legal provisions under which offences are punishable, promoting clarity and consistency in legal proceedings.
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