Code:
(1) The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.
(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe the movable property in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 242:
Provided that the time included between the first and last of such dates shall not exceed one year.
Explanation:
Section 235 of the BNSS lays down the essential particulars that must be included in a charge against an accused person. It aims to ensure that the accused has adequate notice of the charges against them and can prepare their defense effectively.
Subsection (1) mandates that the charge must include details like the time and place of the alleged offense. It should also specify the person or thing involved, if applicable, to provide sufficient clarity about the nature of the accusation.
Subsection (2) deals specifically with charges related to criminal breach of trust or dishonest misappropriation of money or other movable property. It simplifies the process by allowing the charge to specify only the gross sum or a general description of the property involved, along with the time frame during which the offense is alleged to have occurred. This section allows for the charge to be framed as one offense even if multiple instances of misappropriation or breach of trust are involved, as long as the time gap between the first and last instance does not exceed one year.
Illustration:
Imagine an accused is charged with dishonest misappropriation of funds from a company between January 1st, 2023, and December 31st, 2023. The charge need not specify the exact amount misappropriated on each date or provide a detailed list of transactions. Instead, it can simply state that the accused misappropriated a gross sum of Rs. 10 lakhs from the company between the given dates. This approach simplifies the charge and makes it easier to understand.
Common Questions and Answers:
- Q: Why does Section 235 allow for a simplified charge in cases of criminal breach of trust and misappropriation?
- A: This is done to streamline the process and avoid unnecessary complexity. In such cases, it can be tedious and impractical to list every single instance of misappropriation. This provision allows for a more concise and manageable charge without compromising the accused’s right to a fair trial.
- Q: Is there a limit on the time period that can be included in a charge under Section 235(2)?
- A: Yes. The time period between the first and last alleged instances of misappropriation or breach of trust cannot exceed one year.
- Q: Does Section 235 apply to all criminal offenses?
- A: No. It is specifically applicable to charges related to criminal breach of trust and dishonest misappropriation of money or movable property.
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