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 incorrec...

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