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

No mistake in stating the crime or the details needed in the charge, and no failure to state the crime or those details, will be considered important at any point in the case unless the accused was actually confused by the mistake or omission, and it caused an unfair trial.

Examples

• (a) A is charged

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 cou