Introduction
Section 235 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the particulars of time, place and person or thing that must be mentioned in a criminal charge.
The provision ensures that the charge contains sufficient factual details to give the accused reasonable notice of the accusation and enable the accused to prepare an effective defence.
Meaning of Section 235
A charge must contain such particulars regarding the time and place of the alleged offence, and the person or thing against whom or in respect of which the offence was committed, as are reasonably sufficient to give the accused notice of the matter with which the accused is charged.
The provision therefore focuses on the factual particulars that make the accusation sufficiently clear.
Object and Purpose
The main purposes of Section 235 are:
- To provide adequate notice of the accusation to the accused.
- To identify when and where the alleged offence occurred.
- To identify the person or thing affected by the alleged offence.
- To prevent vague or uncertain charges.
- To enable the accused to prepare an effective defence.
- To ensure that the trial proceeds on a clearly identified accusation.
Essential Elements
1. Particulars as to Time
The charge should contain sufficient particulars regarding the time when the offence was allegedly committed.
The exact date is not necessarily required in every case if the circumstances do not make an exact date essential.
The test is whether the particulars provided are reasonably sufficient to give the accused notice of the accusation.
2. Particulars as to Place
The charge should indicate the place where the alleged offence was committed.
The place must be stated with sufficient clarity to identify the alleged occurrence.
3. Person or Thing
The charge should, where relevant, identify the person against whom the offence was committed or the thing in respect of which the offence was committed.
This helps the accused understand the specific factual allegation being made.
4. Reasonable Sufficiency
The particulars need to be sufficient to give the accused reasonable notice of the matter with which the accused is charged.
The provision therefore focuses on practical notice rather than requiring unnecessary or excessive detail.
When Exact Particulars May Not Be Necessary
In certain offences, it may not be possible or necessary to specify the exact date or precise details of the occurrence.
For example, an offence may have allegedly been committed over a period of time.
In such circumstances, the charge may state the relevant period or other particulars in a manner that still gives the accused reasonable notice of the accusation.
The important requirement is that the accused should be able to understand the case that has to be defended.
Example
Suppose A is charged with committing theft of B’s property.
The charge should provide sufficient particulars to identify:
- the approximate time or period of the alleged theft;
- the place where the theft allegedly occurred; and
- the property belonging to B that was allegedly stolen.
These particulars enable A to understand the precise allegation and prepare a defence.
Importance of Section 235
Section 235 is an important safeguard because a person should not be required to defend an accusation that is vague or incapable of being understood.
A properly particularised charge:
- defines the factual scope of the accusation;
- prevents surprise during trial;
- assists the accused in preparing a defence;
- helps the Court identify the precise issue for determination.
Relationship with Section 234
Section 234 lays down the general requirements concerning the contents of a charge.
Section 235 supplements Section 234 by dealing specifically with the particulars relating to:
- time;
- place; and
- the person or thing involved.
Thus:
Section 234 → General contents of charge
Section 235 → Particulars of time, place and person or thing
Relationship with Section 236
Section 236 deals with situations where the manner of committing the offence must also be stated in the charge.
Therefore, Sections 234, 235 and 236 operate together to ensure that a charge contains sufficient information about both the legal and factual nature of the accusation.
BNSS and CrPC
Section 235 of the BNSS corresponds to Section 212 of the Code of Criminal Procedure, 1973.
The basic principle has been retained.
The provision continues to require such particulars of time, place and the person or thing concerned as are reasonably sufficient to give the accused notice of the matter with which the accused is charged.
Common Confusions
Must the exact date always be mentioned?
No.
The particulars must be sufficient to provide reasonable notice. In appropriate circumstances, an exact date may not be necessary.
Must the exact place always be mentioned?
The charge should contain sufficient particulars of the place to identify the alleged occurrence and provide reasonable notice to the accused.
Why are these particulars important?
They help the accused understand when, where and against whom or in respect of what thing the alleged offence was committed.
Does Section 235 require every factual detail of the offence?
No.
Only such particulars as are reasonably sufficient to give the accused notice of the accusation are required.
Topic at a Glance
- BNSS Section: 235
- Subject: Particulars as to time, place and person
- Charge should specify: Time, place and relevant person or thing
- Purpose: Give the accused reasonable notice of the accusation
- Standard: Reasonable sufficiency, not unnecessary detail
- Related provision: Section 234
- Following provision: Section 236
- Corresponding CrPC provision: Section 212
- Nature: Procedural safeguard
Quick Revision
- Section 235 deals with particulars of time, place and person or thing in a charge.
- The particulars must be sufficient to give the accused reasonable notice of the accusation.
- The charge should identify the relevant time of the offence.
- It should indicate the relevant place.
- It should identify the person against whom or thing in respect of which the offence was committed.
- Exact details are not required where they are unnecessary, provided reasonable notice is given.
- Section 234 deals with the general contents of a charge.
- Section 236 deals with cases where the manner of committing the offence must be stated.
- Section 235 BNSS corresponds to Section 212 CrPC.
ASLO READ: Section 234 – Contents of charge
Conclusion
Section 235 of the BNSS ensures that a criminal charge contains sufficient particulars regarding the time, place and the person or thing involved in the alleged offence. Its central purpose is to provide the accused with reasonable notice of the accusation and thereby protect the accused’s ability to prepare an effective defence.
