CrPC 211→BNSS 234

CrPC 211 to BNSS 234: Contents of charge

Section 211 CrPC (1973) replaced by Section 234 BNSS (2023)

View CrPC Section 211 →View BNSS Section 234 →

CrPC 211 to BNSS 234 at a Glance

Section 211 CrPC (Contents of charge) is now Section 234 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 211 to BNSS 234?

Section 211 of the Code of Criminal Procedure, 1973 is renumbered as Section 234 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The rules in Section 211(1) CrPC to Section 211(7) CrPC and Section 234(1) BNSS to Section 234(7) BNSS governing the contents of a charge are unchanged, and replacing the word Code with Sanhita in Section 234(1) BNSS is a change of form. In the illustrations, updating references from Sections 299, 300, 326, 335, and 184 of the Indian Penal Code to Sections 100, 101, 118(2), 122(2), and 219 of the Bharatiya Nyaya Sanhita, 2023 is a change of form, while the third illustration omits adultery, which is not an offence under the Bharatiya Nyaya Sanhita, 2023.

CrPC 211 vs BNSS 234: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section211234
HeadingContents of chargeSame
Sub-sections7 sub-sectionsSame

CrPC 211 and BNSS 234: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 211, CrPC 1973

211. Contents of charge.—(1) Every charge under this Code shall state the offence with which the accused is charged. (2) If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only. (3) If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged. (4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge. (5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case. (6) The charge shall be written in the language of the Court. (7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed. Illustrations (a) A is charged with the murder of B. This is equivalent to a statement that A's act fell within the definition of murder given in sections 299 and 300 of the Indian Penal Code (45 of 1860); that it did not fall within any of the general exceptions of the said Code; and that it did not fall within any of the five exceptions to section 300, or that, if it did fall within Exception 1, one or other of the three provisos to that exception applied to it. (b) A is charged under section 326 of the Indian Penal Code (45 of 1860), with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by section 335 of the said Code, and that the general exceptions did not apply to it. (c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property-mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false property-mark, without reference to the definitions, of those crimes contained in the Indian Penal Code (45 of 1860); but the sections under which the offence is punishable must, in each instance be referred to in the charge. (d) A is charged under section 184 of the Indian Penal Code (45 of 1860) with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.
BNSS 2023 (in force)

Section 234, BNSS 2023

234. Contents of charge.—(1) Every charge under this Sanhita shall state the offence with which the accused is charged. (2) If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only. (3) If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged. (4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge. (5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case. (6) The charge shall be written in the language of the Court. (7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit, to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed. Illustrations. (a) A is charged with the murder of B. This is equivalent to a statement that A's act fell within the definition of murder given in sections 100 and 101 of the Bharatiya Nyaya Sanhita, 2023; that it did not fall within any of the general exceptions of the said Sanhita; and that it did not fall within any of the five exceptions to section 101 thereof, or that, if it did fall within Exception 1, one or other of the three provisos to that exception applied to it. (b) A is charged under sub-section (2) of section 118 of the Bharatiya Nyaya Sanhita, 2023, with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by sub-section (2) of section 122 of the said Sanhita, and that the general exceptions did not apply to it. (c) A is accused of murder, cheating, theft, extortion, or criminal intimidation, or using a false property-mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or criminal intimidation, or that he used a false property-mark, without reference to the definitions, of those crimes contained in the Bharatiya Nyaya Sanhita, 2023; but the sections under which the offence is punishable must, in each instance be referred to in the charge. (d) A is charged under section 219 of the Bharatiya Nyaya Sanhita, 2023, with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.

When It Applies: CrPC 211 vs BNSS 234

Under CrPC 211
  1. Every charge framed against an accused under Section 211 of the Code of Criminal Procedure, 1973 shall state the offence, mention the law and section under which it was allegedly committed, and be written in the language of the Court.
  2. Where the statute creating an offence gives it a specific name, the charge may identify the offence using that name alone without setting out its statutory definition, as provided in Section 211(2) CrPC.
  3. When the law creating an offence does not assign it a specific name, Section 211(3) CrPC requires that enough of the offence definition must be stated in the charge to give the accused notice of the accusation.
  4. Making a charge against an accused operates under Section 211(5) CrPC as an implied statement that every legal condition required by law to constitute that offence was satisfied in the case, including the absence of applicable exceptions.
  5. Where a previously convicted accused is liable to enhanced punishment or punishment of a different kind for a subsequent offence and that conviction is intended to be proved to affect the punishment the Court may think fit to award, the fact, date, and place of the previous conviction shall be stated in the charge under Section 211(7) CrPC.
Under BNSS 234
  1. Every charge framed against an accused under Section 234 of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall state the offence, mention the law and section against which it is said to have been committed, and be written in the language of the Court.
  2. If the statute creating the offence gives it a specific name, Section 234(2) BNSS permits the offence to be described in the charge by that specific name alone without setting out its statutory definition.
  3. When the law creating the offence does not give it a specific name, Section 234(3) BNSS provides that enough of the definition of the offence must be stated in the charge to give the accused notice of the matter charged.
  4. Under Section 234(5) BNSS, making the charge is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case, including that general and statutory exceptions did not apply.
  5. Where an accused with a previous conviction is liable because of it to enhanced punishment or punishment of a different kind for a subsequent offence and it is intended to prove that conviction to affect the punishment the Court may think fit to award, the fact, date, and place of the previous conviction shall be stated in the charge under Section 234(7) BNSS.

Time Limits: CrPC 211 to BNSS 234

Under CrPC 211
  • If the required statement of the fact, date, and place of a previous conviction has been omitted from the charge, the Court may add it under Section 211(7) of the Code of Criminal Procedure, 1973 at any time before sentence is passed.Act text: “the Court may add it at any time before sentence is passed”
Under BNSS 234
  • Where the statement of the fact, date, and place of a previous conviction has been omitted from the charge, the Court may add it under Section 234(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023 at any time before sentence is passed.Act text: “the Court may add it at any time before sentence is passed”

What CrPC 211 to BNSS 234 Means in Practice

Because the rules in Section 211(1) to Section 211(7) of the Code of Criminal Procedure, 1973 and Section 234(1) to Section 234(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are unchanged, the legal requirements for the contents of a charge remain the same from 1 July 2024. A charge must still state the offence, the law and section, the language of the Court, and any previous conviction intended to be proved for enhanced or different punishment.

FAQs: CrPC 211 to BNSS 234

Did the rules on what a charge must contain change between Section 211 CrPC and Section 234 BNSS?▼

No, the operative rules in Section 211(1) to Section 211(7) of the Code of Criminal Procedure, 1973 and Section 234(1) to Section 234(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are unchanged. The renumbering of the provision and the replacement of the word Code with Sanhita in Section 234(1) BNSS are changes of form. The requirements to state the offence, the law and section, the language of the Court, and any relevant previous conviction remain identical.

What changed in the illustrations to Section 234 BNSS compared to Section 211 CrPC?▼

The illustrations in Section 234 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replace the cross-references to Sections 299, 300, 326, 335, and 184 of the Indian Penal Code in Section 211 of the Code of Criminal Procedure, 1973 with the corresponding references to Sections 100, 101, 118(2), 122(2), and 219 of the Bharatiya Nyaya Sanhita, 2023 as changes of form. In addition, the third illustration omits the references to adultery that appeared in Section 211 CrPC, and the Bharatiya Nyaya Sanhita, 2023 has no offence of adultery.

Did the time for adding an omitted previous conviction to the charge change in Section 234 BNSS?▼

No, the rule in Section 211(7) of the Code of Criminal Procedure, 1973 and Section 234(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are unchanged. Under both provisions, where the required statement of the fact, date, and place of a previous conviction has been omitted from the charge, the Court may add it at any time before sentence is passed.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·