CrPC 215→BNSS 238

CrPC 215 to BNSS 238: Effect of errors

Section 215 CrPC (1973) replaced by Section 238 BNSS (2023)

View CrPC Section 215 →View BNSS Section 238 →

CrPC 215 to BNSS 238 at a Glance

Section 215 CrPC (Effect of errors) is now Section 238 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 215 to BNSS 238?

Section 238 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same heading as Section 215 of the Code of Criminal Procedure, 1973. The text of Section 238 BNSS is the same as Section 215 CrPC except in the illustrations. The first illustration to Section 238 BNSS refers to section 180 of the Bharatiya Nyaya Sanhita, 2023 where the first illustration to Section 215 CrPC referred to section 242 of the Indian Penal Code. In the illustrations about the murder of Khoda Baksh and Haidar Baksh, Section 238 BNSS gives the dates 20th January, 2023 and 21st January, 2023 where Section 215 CrPC gave the dates 20th January, 1882 and 21st January, 1882.

CrPC 215 vs BNSS 238: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section215238
HeadingEffect of errorsSame

CrPC 215 and BNSS 238: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 215, CrPC 1973

215. Effect of errors.—No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice. Illustrations (a) A is charged under section 242 of the Indian Penal Code (45 of 1860), with “having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit,” the word “fraudulently” being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material. (b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material. (c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error. (d) A is charged with the murder of Khoda Baksh on the 21st January, 1882. In fact, the murdered person's name was Haidar Baksh, and the date of the murder was the 20th January, 1882. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial. (e) A was charged with murdering Haidar Baksh on the 20th January, 1882, and Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 1882. When charged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from this that A was misled, and that the error was material.
BNSS 2023 (in force)

Section 238, BNSS 2023

238. Effect of errors.—No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice. Illustrations. (a) A is charged under section 180 of the Bharatiya Nyaya Sanhita, 2023, with "having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit," the word "fraudulently" being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material. (b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material. (c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error. (d) A is charged with the murder of Khoda Baksh on the 21st January, 2023. In fact, the murdered person's name was Haidar Baksh, and the date of the murder was the 20th January, 2023. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial. (e) A was charged with murdering Haidar Baksh on the 20th January, 2023, and Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 2023. When charged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from this that A was misled, and that the error was material.

When It Applies: CrPC 215 vs BNSS 238

Under CrPC 215
  1. Section 215 CrPC applies to an error in stating either the offence or the particulars required to be stated in the charge, and to an omission to state the offence or those particulars.
  2. Such an error or omission shall not be regarded at any stage of the case as material.
  3. The exception is where the accused was in fact misled by the error or omission, and it has occasioned a failure of justice.
Under BNSS 238
  1. Section 238 BNSS applies to an error in stating either the offence or the particulars required to be stated in the charge, and to an omission to state the offence or those particulars.
  2. Such an error or omission shall not be regarded at any stage of the case as material.
  3. The exception is where the accused was in fact misled by the error or omission, and it has occasioned a failure of justice.

What CrPC 215 to BNSS 238 Means in Practice

From 1 July 2024, the provision in Section 215 of the Code of Criminal Procedure, 1973 is found in Section 238 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the same heading and text.

FAQs: CrPC 215 to BNSS 238

Where is Section 215 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 215 CrPC is found in Section 238 BNSS from 1 July 2024. Section 238 BNSS has the same heading and the same text.

Do the words of Section 215 CrPC differ from Section 238 BNSS?▼

Section 238 BNSS reads in the same words as Section 215 CrPC. Only the section number and the name of the Code differ.

What is the heading of Section 238 BNSS?▼

Section 238 BNSS has the heading Effect of errors, the same heading as Section 215 CrPC.

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: 20 Oct 2026 ·