The Bharatiya Nagarik Suraksha Sanhita, 2023
ARRANGEMENT OF SECTIONS
CHAPTER XVIII: THE CHARGE
A - Form of charges
Section 238: Effect of errors.
Bare Act
No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.
Illustrations… Read the complete text with KanoonGPT Pro.
Simplified Act
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… Read the complete text with KanoonGPT Pro.
Explanation using examples
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… Read the complete text with KanoonGPT Pro.
