Section 236 of BNSS, 2023 — When Manner of Committing Offence Must Be Stated

Introduction

Section 236 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with situations where the manner in which an offence was committed must be stated in the charge.

The general rule is that a charge should contain sufficient particulars to give the accused reasonable notice of the accusation. However, in certain offences, simply stating the offence and the relevant time, place and person or thing is not enough.

Where the manner of committing the offence is such that the accused would not otherwise have sufficient notice of the accusation, the charge must describe the manner in which the offence was allegedly committed.

Meaning of Section 236

Section 236 provides that when the nature of the case is such that the particulars mentioned in Sections 234 and 235 do not give the accused sufficient notice of the matter with which the accused is charged, the charge must contain such particulars of the manner in which the alleged offence was committed as will give that notice.

Thus, the provision focuses on the method or manner of commission of the offence.

Object and Purpose

The main purposes of Section 236 are:

• To ensure that the accused receives sufficient notice of the accusation.
• To prevent vague or incomplete charges.
• To provide additional factual details where time, place and person or thing are insufficient.
• To enable the accused to prepare an effective defence.
• To ensure that the accused is not taken by surprise during the trial.

When Does Section 236 Apply?

Section 236 applies when the particulars required under Sections 234 and 235 are not sufficient to give the accused reasonable notice.

Therefore, the provision is not automatically applicable to every criminal charge.

The Court must consider the nature of the case and determine whether additional particulars regarding the manner of commission are necessary.

Essential Elements

1. Nature of the Case Must Require Additional Particulars

The provision applies where the nature of the case makes additional details necessary.

2. Ordinary Particulars Are Insufficient

The particulars concerning the offence, time, place and person or thing must be insufficient to give the accused adequate notice.

3. Manner of Commission Must Be Stated

In such circumstances, the charge must state sufficient particulars regarding how the offence was allegedly committed.

4. Purpose Is Reasonable Notice

The ultimate test is whether the particulars stated in the charge give the accused reasonable notice of the matter with which the accused is charged.

Example

Suppose a person is charged with causing an offence by using a particular method or through a particular transaction.

Simply stating:

• the offence;
• the approximate time;
• the place; and
• the person affected

may not be sufficient to enable the accused to understand the exact accusation.

In such a case, the charge must also describe the manner in which the offence was allegedly committed.

Another Example

If an accused is charged with an offence involving the alleged manipulation of accounts, merely stating that the accused committed the offence at a particular place and during a particular period may not sufficiently inform the accused of the accusation.

The charge may need to specify the manner in which the accounts were allegedly manipulated so that the accused understands the precise case to be defended.

Importance of Section 236

Section 236 protects the accused against an ambiguous or vague charge.

A criminal trial must be based upon a sufficiently clear accusation. If the accused does not know how the offence is alleged to have been committed, the accused may be unable to effectively challenge the prosecution case.

The provision therefore strengthens:

• fair trial;
• natural justice;
• procedural fairness;
• effective defence; and
• clarity of criminal charges.

Relationship with Section 234

Section 234 deals with the general contents of a charge.

It requires the charge to state the offence and the applicable legal provision.

Relationship with Section 235

Section 235 deals with particulars concerning:

• time;
• place; and
• the person or thing involved.

Relationship with Section 236

Section 236 goes one step further.

Where those particulars are not sufficient to give the accused reasonable notice, the charge must also state the manner of committing the offence.

Therefore:

Section 234 → General contents of charge

Section 235 → Time, place and person or thing

Section 236 → Manner of committing the offence, when necessary

BNSS and CrPC

Section 236 of the BNSS corresponds to Section 213 of the Code of Criminal Procedure, 1973.

The basic principle has been retained.

The corresponding provision under the earlier law required particulars regarding the manner of committing the offence to be included where the ordinary particulars were insufficient to give the accused reasonable notice of the accusation.

Common Confusions

Must the manner of commission be stated in every charge?

No.

It is required only where the nature of the case is such that the ordinary particulars do not provide sufficient notice to the accused.

What is meant by “manner of committing the offence”?

It refers to the method or circumstances through which the offence is alleged to have been committed, to the extent necessary to make the accusation clear.

Why is this requirement necessary?

Because merely stating the offence, time and place may sometimes leave the accused uncertain about the specific conduct alleged against them.

Does Section 236 require every piece of prosecution evidence to be included in the charge?

No.

The charge only needs to contain sufficient particulars regarding the manner of commission to give the accused reasonable notice. It does not need to reproduce the entire prosecution case or all evidence.

Topic at a Glance

• BNSS Section: 236
• Subject: When manner of committing offence must be stated
• Trigger: Ordinary particulars are insufficient to give reasonable notice
• Additional requirement: Particulars regarding manner of commission
• Purpose: Ensure a clear and specific accusation
• Related provisions: Sections 234 and 235
• Corresponding CrPC provision: Section 213
• Nature: Procedural safeguard

Quick Revision

• Section 236 deals with the manner of committing an offence.
• The manner must be stated when the particulars under Sections 234 and 235 are insufficient.
• The purpose is to give the accused reasonable notice of the accusation.
• It does not apply automatically to every offence.
• It prevents vague and ambiguous charges.
• Section 234 deals with the general contents of a charge.
• Section 235 deals with time, place and person or thing.
• Section 236 deals with the manner of committing the offence where additional particulars are necessary.
• Section 236 BNSS corresponds to Section 213 CrPC.

ASLO READ: Section 235 – Particulars as to time, place and person

Conclusion

Section 236 of the BNSS ensures that a charge contains sufficient information about the manner in which an offence was allegedly committed whenever the ordinary particulars are inadequate. Its purpose is to provide the accused with reasonable notice of the precise accusation and thereby ensure a meaningful opportunity to prepare a defence.