Words in charge taken in sense of law under which offence is punishable
Section 237 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with words in charge taken in sense of law under which offence is punishable. In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable. The Act came into force on 01 Jul 2024.
In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.
Section 237, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 214 Words in charge taken in sense of law under which offence ispunishable Text carried over almost unchanged 92%
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 The repealed enactment still governs what happened while it was in force.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.
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.
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Rafiq Ahmed @ Rafi vs State of U. P
Decided under Code of Criminal Procedure 214, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused is charged with dacoity-with-murder under Section 396 IPC, the ingredient of murder defined under Section 300 IPC is expressly incorporated into Section 396 by specific statutory language. Therefore, if the evidence establishes that the accused committed murder but does not establish the dacoity component, the accused can be convicted for murder under Section 302 IPC without a specific charge for Section 302, provided: (a) the accused had notice that murder was an allegation against him through the Section 396 charge and Section 313 examination where facts were put to him; (b) he had full opportunity to defend himself; (c) no prejudice resulted to his right to fair trial, presumption of innocence, or the prosecution's burden to prove guilt beyond reasonable doubt; and (d) the ingredients of murder under Section 300 IPC are satisfied by the evidence. The principle of cognate offences permits such conviction when the graver offence (dacoity-with-murder) incorporates the essential elements of the lesser offence (murder) by express statutory language, and the accused suffered no failure of justice.
On this section: Words used in charge have meaning attached to them by law. Applied to interpret the legal significance of charges framed
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 237
What have the courts held on Section 237 of the Bharatiya Nagarik Suraksha Sanhita?
Rafiq Ahmed @ Rafi vs State of U. P (04 Aug 2011) is the leading judgment on this section among those set out below, though it was decided under CRPC 214, which this section replaced -- the court never mentioned this Act: Words used in charge have meaning attached to them by law. Applied to interpret the legal significance of charges framed.
How do I find court cases under Section 237 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 237, section 237 BNSS, section 237 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 237 section and bns 237 2. 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 Rafiq Ahmed @ Rafi vs State of U. P (04 Aug 2011).
What should I read with Section 237 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 214 (Words in charge taken in sense of law under which offence ispunishable), so the judgments decided under that provision are the case law on this one.
When did Section 237 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 237 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 237, 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
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
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.