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Section236
The Bharatiya Nagarik Suraksha Sanhita, 2023

When manner of committing offence must be stated

In force From 01 Jul 2024 Act 46 of 2023 As on 14 Oct 2026

Act 46 of 2023 Ministry Home Affairs Enacted 25 Dec 2023 In force 01 Jul 2024

Section 236 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 f The Act came into force on 01 Jul 2024.

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) 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.

(b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

Section 236, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).

Replaces a provision of the Code of Criminal Procedure

CRPC 213 When manner of committing offence must be stated Text carried over almost unchanged 100%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 234 Contents of charge
  2. s. 235 Particulars as to time, place and person

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Subhash Chand Yadav vs State Govt. of Nct of Delhi

    High Court 16 Aug 2010 Persuasive (Other HC)

    Decided under Code of Criminal Procedure 213, which this section replaces. The court did not have this Act before it.

    Court's Decision & Legal Precedent

    A charge framing order must be a speaking order providing reasons for the decision. When a trial court frames charges without proper reasoning and without adequately establishing the ingredients of the alleged offense, the High Court can exercise its inherent powers under Section 482 CrPC to set aside such orders and remand the matter to the trial court for fresh consideration with proper application of the law and procedure.

    On this section: Charge - The court directed that charges should be re-framed keeping in mind the proper procedure for framing charges as per Section 213 CrPC.

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 236

What have the courts held on Section 236 of the Bharatiya Nagarik Suraksha Sanhita?

Subhash Chand Yadav vs State Govt. of Nct of Delhi (16 Aug 2010) is the leading judgment on this section among those set out below, though it was decided under CRPC 213, which this section replaced -- the court never mentioned this Act: Charge - The court directed that charges should be re-framed keeping in mind the proper procedure for framing charges as per Section 213 CrPC.

How do I find court cases under Section 236 of the Bharatiya Nagarik Suraksha Sanhita?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 236, section 236 BNSS, section 236 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Subhash Chand Yadav vs State Govt. of Nct of Delhi (16 Aug 2010).

What should I read with Section 236 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?

Its own text turns on section 234 (Contents of charge), section 235 (Particulars as to time, place and person), so none of them can safely be read on its own. It carries forward CrPC 213 (When manner of committing offence must be stated), so the judgments decided under that provision are the case law on this one.

When did Section 236 of the Bharatiya Nagarik Suraksha Sanhita come into force?

Section 236 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 236, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.