Section 236 BNSS: When manner of committing offence must be stated

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 236 BNSS at a Glance

Section 236 BNSS deals with when manner of committing offence must be stated. It replaced Section 213 CrPC on 1 July 2024.

Was CrPC

Section 213 →

Section 236 BNSS Bare Act Text

236. 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 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.

Source: Section 236, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 236 BNSS in Simple Words

Section 236 of the Bharatiya Nagarik Suraksha Sanhita, 2023 covers the case where the particulars mentioned in Sections 234 and 235 BNSS do not give the accused sufficient notice of the matter with which the accused is charged.

The charge shall then also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.

The section has illustrations.

When Section 236 BNSS Applies

  • The rule applies when the nature of the case is such that the particulars mentioned in Sections 234 and 235 BNSS do not give the accused sufficient notice of the matter with which the accused is charged.
  • The charge shall then also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.
  • An illustration says that a charge of cheating at a given time and place must set out the manner in which the accused cheated.
  • An illustration says that a charge of giving false evidence must set out the portion of the evidence alleged to be false.

Example of Section 236 BNSS

Vikram is accused of cheating Anita at a given time and place. As the illustrations to Section 236 BNSS say, the charge must set out the manner in which Vikram cheated Anita. Rohan is accused of the theft of a certain article at a certain time and place. As the illustrations say, the charge need not set out the manner in which the theft was effected.

When Section 236 BNSS Does Not Apply

  • Section 236 BNSS speaks of a charge whose particulars do not give sufficient notice. It does not deal with a charge of theft at a certain time and place, for which an illustration says the charge need not set out the manner in which the theft was effected.
  • Section 236 BNSS speaks of a charge whose particulars do not give sufficient notice. It does not deal with a charge of murder at a given time and place, for which an illustration says the charge need not state the manner in which the murder was committed.

Section 236 BNSS in the CrPC (Previous Law)

Section 236 BNSS replaces Section 213 CrPC from the old criminal code.

Section 213 CrPC is found in Section 236 BNSS from 1 July 2024. The heading is the same and the text is the same except for the cross-references, which are to Sections 234 and 235 BNSS in Section 236 BNSS and to Sections 211 and 212 CrPC in Section 213 CrPC. The illustrations are in the same words.

View CrPC Section 213 →

FAQs on Section 236 BNSS

When must a charge state the manner of committing the offence under Section 236 BNSS?▼

When the nature of the case is such that the particulars mentioned in Sections 234 and 235 BNSS do not give the accused sufficient notice of the matter with which the accused 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.

Does a charge of cheating state the manner under Section 236 BNSS?▼

An illustration to Section 236 BNSS says that when a person is accused of cheating another at a given time and place, the charge must set out the manner in which the accused cheated.

Does a charge of theft or murder state the manner under Section 236 BNSS?▼

The illustrations say that for theft of a certain article at a certain time and place, and for murder at a given time and place, the charge need not set out the manner.

What changed from Section 213 CrPC to Section 236 BNSS from 1 July 2024?▼

Section 236 BNSS has the same heading and the same text as Section 213 CrPC, with renumbered cross-references. Section 236 BNSS refers to Sections 234 and 235 BNSS where Section 213 CrPC referred to Sections 211 and 212 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·