Section 238 of BNSS : Section 238: Effect of errors.

Explanation using Example

Example 1:

Ravi is charged with theft under Section 378 of the Bharatiya Nyaya Sanhita, 2023. The charge sheet mistakenly states that Ravi stole a "gold necklace" instead of a "gold ring." During the trial, Ravi presents his defense and witnesses, clearly understanding that the charge pertains to the theft of the gold ring. Since Ravi was not misled by the error in the charge sheet, the court determines that the mistake is immaterial and proceeds with the case.

Example 2:

Priya is charged with forgery under Section 463 of the Bharatiya Nyaya Sanhita, 2023. The charge sheet fails to mention that Priya "intended to deceive" when she forged a document. Priya understands the nature of the charge and presents her defense, including witnesses who testify about her intentions. The court finds that Priya was not misled by the omission and that it did not result in a failure of justice. Therefore, the omission is considered immaterial.

Example 3:

Arjun is charged with assaulting Ramesh on the 15th of March, 2023. The charge sheet incorrectly states the date of the assault as the 16th of March, 2023. Arjun knows that the charge pertains to the incident on the 15th and prepares his defense accordingly. The court concludes that Arjun was not misled by the incorrect date and that the error is immaterial.

Example 4:

Sunita is charged with cheating Anil by promising to sell him a plot of land that she did not own. The charge sheet does not specify how Sunita cheated Anil. Sunita defends herself by explaining the transaction and calling witnesses. The court infers that the omission of the specific details of the cheating did not mislead Sunita and did not result in a failure of justice, making the omission immaterial.

Example 5:

Vikram is charged with the murder of Rajesh on the 10th of January, 2023. The charge sheet mistakenly names the victim as Suresh and the date of the murder as the 11th of January, 2023. Vikram knows that the charge pertains to the murder of Rajesh and has heard the inquiry before the Magistrate, which exclusively referred to Rajesh's case. The court determines that Vikram was not misled by the errors in the charge sheet and that the mistakes are immaterial.

Example 6:

Meera is charged with the murder of Sita on the 5th of February, 2023, and the murder of Gita (who tried to arrest her for Sita's murder) on the 6th of February, 2023. When charged for Sita's murder, Meera is tried for Gita's murder instead. The witnesses present in her defense are those relevant to Sita's case. The court infers that Meera was misled by the error, and the mistake is considered material.