Section 234 BNSS: Contents of charge
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 234 BNSS at a Glance
Section 234 BNSS deals with contents of charge. It replaced Section 211 CrPC on 1 July 2024.
Section 234 BNSS Bare Act Text
(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.
Source: Section 234, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 234 BNSS in Simple Words
Section 234 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the required contents of a charge so that an accused person has notice of the matter with which he is charged. Every charge under the Sanhita shall state the offence, mention the law and section against which the offence is said to have been committed, and be written in the language of the Court.
It specifies when an offence may be described by its specific name alone and when part of its definition must be stated. Making the charge is equivalent to stating that every required legal condition was fulfilled.
When Section 234 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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 Under Section 234 BNSS
- 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”
Example of Section 234 BNSS
When Section 234 BNSS Does Not Apply
- The option in Section 234(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to describe an offence in the charge by its specific name alone does not apply when the law creating the offence does not give it any specific name.
- The requirement in Section 234(3) BNSS to state so much of the definition of the offence as to give the accused notice does not apply when the law creating the offence gives it a specific name.
- The requirement in Section 234(7) BNSS to state the fact, date, and place of a previous conviction in the charge does not apply if the accused is not liable, by reason of such previous conviction, to enhanced punishment or to punishment of a different kind for a subsequent offence.
- The requirement in Section 234(7) BNSS to state a previous conviction in the charge does not apply when it is not 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.
Section 234 BNSS in the CrPC (Previous Law)
Section 234 BNSS replaced Section 211 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 234 BNSS
What details must every charge contain under Section 234 BNSS?▼
Every charge framed under Section 234 of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall state the offence with which the accused is charged, mention the law and section against which the offence is said to have been committed, and be written in the language of the Court. Where the law gives no specific name to the offence, enough of its definition must be stated to give the accused notice.
Does a charge under Section 234 BNSS need to negate general or statutory exceptions explicitly?▼
No separate statement negating exceptions is required in the charge. Section 234(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that 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. As the illustrations to Section 234 BNSS show, framing the charge itself implies that general exceptions and relevant statutory exceptions under the Bharatiya Nyaya Sanhita, 2023 did not apply.
How does Section 234 BNSS deal with a previous conviction when enhanced punishment is sought?▼
Where an accused has been previously convicted of any offence and is liable because of that conviction to enhanced punishment or punishment of a different kind for a subsequent offence, Section 234(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires the fact, date, and place of the previous conviction to be stated in the charge if it is intended to prove it to affect the punishment awarded. If omitted, the Court may add that statement at any time before sentence is passed.
What changed in Section 234 BNSS compared to Section 211 CrPC from 1 July 2024?▼
Section 234 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024, retains the charge-framing rules from Section 211 of the Code of Criminal Procedure, 1973 across Section 234(1) BNSS to Section 234(7) BNSS without substantive alteration. The changes are of form, replacing the word Code with Sanhita in Section 234(1) BNSS and updating the statutory references in the illustrations from the Indian Penal Code to the Bharatiya Nyaya Sanhita, 2023. The third illustration also omits adultery, and the Bharatiya Nyaya Sanhita, 2023 has no offence of adultery.
Section 234 BNSS: Sub-sections Explained
Section 234(1) BNSS: Contents of charge
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Bare Act Text
(1) Every charge under this Sanhita shall state the offence with which the accused is charged.
Section 234(2) BNSS: Contents of charge
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Bare Act Text
(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.
Section 234(3) BNSS: Contents of charge
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Bare Act Text
(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.
Section 234(4) BNSS: Contents of charge
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Bare Act Text
(4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.
Section 234(5) BNSS: Contents of charge
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Bare Act Text
(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.
Section 234(6) BNSS: Contents of charge
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Bare Act Text
(6) The charge shall be written in the language of the Court.
Section 234(7) BNSS: Contents of charge
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·