Section 236 of BNSS : Section 236: When manner of committing offence must be stated.
BNSS
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Explanation using Example
Example 1:
Scenario: Raj is accused of stealing a gold necklace from a jewelry store in Mumbai on 15th August 2023.
Application of Section 236: In this case, the charge against Raj would state that he is accused of theft of a gold necklace at a specific time and place. The charge does not need to detail how Raj allegedly stole the necklace, such as whether he broke into the store or took it while pretending to be a customer.
Example 2:
Scenario: Priya is accused of cheating her business partner, Anil, by forging documents to transfer company funds to her personal account on 10th September 2023 in Delhi.
Application of Section 236: Here, the charge against Priya must include specific details of how she allegedly cheated Anil. This would involve describing the manner in which Priya forged the documents and the steps she took to transfer the funds, providing sufficient notice to Priya about the exact nature of the cheating.
Example 3:
Scenario: Sanjay is accused of giving false testimony in a court case on 5th July 2023 in Bangalore.
Application of Section 236: In this situation, the charge against Sanjay must specify the exact portion of his testimony that is alleged to be false. This means detailing the statements he made under oath that are claimed to be untrue, so Sanjay is fully aware of the false evidence he is being accused of providing.
Example 4:
Scenario: Meera is accused of obstructing a police officer, Inspector Sharma, while he was performing his duty on 20th October 2023 in Chennai.
Application of Section 236: For Meera, the charge must detail how she allegedly obstructed Inspector Sharma. This could include actions such as physically blocking his path, refusing to comply with lawful orders, or interfering with an arrest, providing a clear understanding of the obstruction.
Example 5:
Scenario: Vikram is accused of murdering his neighbor, Ramesh, on 1st January 2023 in Kolkata.
Application of Section 236: In Vikram's case, the charge would state that he is accused of the murder of Ramesh at a specific time and place. The charge does not need to describe how Vikram allegedly committed the murder, such as the weapon used or the method of attack.
Example 6:
Scenario: Anjali is accused of disobeying a court order with the intent to help her friend, Suresh, avoid punishment on 12th March 2023 in Hyderabad.
Application of Section 236: Here, the charge against Anjali must include details of the specific court order she disobeyed and how her actions were intended to help Suresh avoid punishment. This means outlining the nature of the disobedience and the legal directive that was violated.