Section 213 CrPC: When manner of committing offence must be stated

Code of Criminal Procedure, 1973

Section 213 CrPC at a Glance

Section 213 CrPC deals with when manner of committing offence must be stated. From 1 July 2024 it is replaced by Section 236 BNSS.

Now BNSS

Section 236 →

What Section 213 CrPC Says

213. When manner of committing offence must be stated

When the nature of the case is such that the particulars mentioned in sections 211 and 212 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 213, Code of Criminal Procedure, 1973

Section 213 CrPC in Simple Words

Section 213 of the Code of Criminal Procedure, 1973 covers the case where the particulars mentioned in Sections 211 and 212 CrPC 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 213 CrPC Applies

  • The rule applies when the nature of the case is such that the particulars mentioned in Sections 211 and 212 CrPC 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 213 CrPC

Ramesh is accused of cheating Meena at a given time and place. As the illustrations to Section 213 CrPC say, the charge must set out the manner in which Ramesh cheated Meena. Suresh 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 213 CrPC Does Not Apply

  • Section 213 CrPC 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 213 CrPC 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 213 CrPC Under BNSS 236: What Changed

Section 213 CrPC is now covered under Section 236 BNSS.

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 detailed comparison (CrPC 213 vs BNSS 236) →

FAQs on Section 213 CrPC

When must a charge state the manner of committing the offence under Section 213 CrPC?▼

When the nature of the case is such that the particulars mentioned in Sections 211 and 212 CrPC 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 213 CrPC?▼

An illustration to Section 213 CrPC 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 213 CrPC?▼

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.

Where is Section 213 CrPC found in the BNSS from 1 July 2024?▼

Section 213 CrPC has no sub-sections, and maps as a whole to Section 236 BNSS.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·