Section 236 BNSS: When Manner of Committing Offence Must Be Stated

Section 236 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the level of detail required in a criminal charge when the usual particulars of the offence do not give the accused sufficient notice of the case to be met.

Act: Bharatiya Nagarik Suraksha Sanhita, 2023 Act No. 46 of 2023 In force from: 1 July 2024 Last reviewed: 11 September 2026

In simple terms: a charge normally identifies the offence and gives essential particulars such as time, place and person. If those particulars are not enough to tell the accused what conduct is alleged, Section 236 requires the charge to also explain the manner in which the offence was allegedly committed.

Text of Section 236 BNSS

236. When manner of committing offence must be stated. 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 he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.

Illustrations

A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected.
A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B.
A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false.
A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions.
A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B.
A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the disobedience charged and the law infringed.

Meaning and Purpose of Section 236

The purpose of Section 236 is to ensure that the accused receives sufficient notice of the factual case that must be answered at trial. The provision applies where the description of the offence together with the particulars required by Sections 234 and 235 is still not enough to identify the alleged conduct with adequate clarity.

The expression "manner in which the alleged offence was committed" refers to additional factual particulars explaining how the alleged act or omission is said to constitute the offence. The degree of detail depends on the nature of the accusation. The illustrations show that some charges, such as a straightforward allegation of theft or murder at a stated time and place, may not require further description of the method, whereas allegations such as cheating, false evidence or obstruction may require additional particulars.

Relationship with Sections 234 and 235 BNSS

Section 234 BNSS deals with the contents of a charge, including the offence with which the accused is charged.
Section 235 BNSS requires particulars as to time, place and person where necessary.
Section 236 BNSS adds a further requirement when those particulars alone are insufficient to give adequate notice of the accusation.

Practical Effect

While framing a charge, the court must consider whether the accused can understand the precise matter alleged merely from the stated offence and the particulars of time, place and person. If not, the charge should include enough additional factual detail about the manner of commission to remove uncertainty and enable the accused to prepare a defence.

Section 236 therefore works as a safeguard against a charge that is formally correct but too vague in its factual description. It does not require unnecessary evidence or a complete narrative of the prosecution case to be reproduced in every charge; it requires only the additional particulars needed to give sufficient notice.

Corresponding Provision under the Code of Criminal Procedure, 1973

Section 236 BNSS corresponds to Section 213 of the Code of Criminal Procedure, 1973, which carried the same subject heading: "When manner of committing offence must be stated." For proceedings governed by the BNSS, the applicable provision is Section 236.

Official Legal Resources

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the commencement date for the BNSS, subject to the exception stated in the commencement notification concerning the relevant First Schedule entry.

This page is intended as a structured legal reference. For authoritative text, amendments and notifications, consult the official Government of India sources linked in the sidebar.