Bharatiya Nagarik Suraksha Sanhita, 2023
Section 235 BNSS - Particulars as to Time, Place and Person
Section 235 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires a criminal charge to contain reasonably sufficient particulars of the time and place of the alleged offence and, where applicable, the person against whom or the thing in respect of which the offence was committed. The purpose is to give the accused adequate notice of the accusation.
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023 and came into force on 1 July 2024, subject to the notified exception concerning the First Schedule entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Text of Section 235 BNSS
235. Particulars as to time, place and person.
(1) The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.
(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe the movable property in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 242:
Provided that the time included between the first and last of such dates shall not exceed one year.
Meaning of Section 235 BNSS
Section 235 supplements Section 234 BNSS. Section 234 identifies the offence and statutory provision, while Section 235 requires sufficient factual particulars about when and where the offence allegedly occurred and who or what was affected by it.
The governing standard is not absolute precision in every case. The particulars must be reasonably sufficient to give the accused notice of the matter with which he is charged.
Particulars Normally Required in a Charge
Reasonably Sufficient Notice to the Accused
The central purpose of Section 235(1) is notice. The particulars stated in the charge must enable the accused to understand the factual accusation and prepare a defence. The sufficiency of particulars depends on the nature of the alleged offence and the circumstances of the case.
Special Rule for Criminal Breach of Trust and Dishonest Misappropriation
Section 235(2) creates a special rule for charges of criminal breach of trust or dishonest misappropriation involving money or other movable property. Instead of listing every individual item or exact date, the charge may specify the gross sum involved or describe the movable property and state the period during which the offence is alleged to have been committed.
This provision recognises that such offences may involve numerous transactions or items over a period of time, making item-by-item pleading unnecessary where the statutory requirements are otherwise satisfied.
One-Year Maximum Period
The proviso to Section 235(2) is important: the period between the first and last dates included in such a charge must not exceed one year.
Accordingly, while exact dates and individual items may be omitted in the circumstances covered by sub-section (2), the prosecution cannot frame that single charge over a period longer than the statutory one-year limit.
Connection With Section 242 BNSS
Section 235(2) expressly states that a charge framed under that sub-section is deemed to be a charge of one offence within the meaning of Section 242 BNSS. Section 242 deals with offences of the same kind committed within a year and when they may be charged together.
Relationship With Section 236 BNSS
Section 236 BNSS applies where the particulars stated under Sections 234 and 235 still do not give the accused sufficient notice of the accusation. In such a case, the charge must also state sufficient particulars of the manner in which the alleged offence was committed.
Relationship With Sections 237 to 240 BNSS
The succeeding provisions deal with the legal meaning of words used in a charge, the effect of errors, alteration of charges, and recall of witnesses after alteration. Together, Sections 234 to 240 form the statutory framework governing the content, sufficiency and correction of criminal charges.
Corresponding Provision Under the CrPC
Section 235 BNSS broadly corresponds to Section 212 of the Code of Criminal Procedure, 1973. The core rule remains that the charge must contain sufficient particulars of time, place, person or thing to inform the accused of the matter charged, with a special rule for criminal breach of trust and dishonest misappropriation.
Key Points Under Section 235
- The charge should contain reasonably sufficient particulars of the time and place of the alleged offence.
- Where applicable, the person against whom the offence was committed should be identified.
- Where the offence concerns a thing or property, it should be sufficiently described.
- The object is to give the accused adequate notice of the accusation.
- For criminal breach of trust or dishonest misappropriation, a gross sum or description of movable property may be stated without item-by-item particulars.
- The relevant date range may be stated without exact dates.
- The period between the first and last dates in such a charge must not exceed one year.
- A charge framed under Section 235(2) is treated as one offence for the purpose of Section 242.
- If Sections 234 and 235 do not provide sufficient notice, Section 236 requires further particulars of the manner of commission.