Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 238
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 238
Explanation: This section deals with the impact of errors or omissions in the charge sheet on the legal proceedings. It states that errors in stating the offense, or the particulars required in the charge, are not considered material unless they mislead the accused and cause a failure of justice.
Illustrations:
- Illustration (a): An accused is charged with possessing counterfeit coins but the word “fraudulently” is omitted. The omission is not material unless it is proven that the accused was misled by it.
- Illustration (b): An accused is charged with cheating but the manner of cheating is not mentioned. If the accused defends himself and calls witnesses, the court may infer that the omission is immaterial.
- Illustration (c): An accused is charged with cheating but the specific transaction is not mentioned. If the accused has no means of knowing which transaction is being referred to and offers no defense, the court may infer that the omission is material.
- Illustration (d): An accused is charged with murder but the name of the victim and the date of the murder are incorrect. If the accused was aware of the correct details and had the opportunity to defend himself, the errors are immaterial.
- Illustration (e): An accused is charged with two murders, but during the trial for one murder, the evidence presented is actually related to the other murder. If the accused is misled and unable to adequately defend himself, the error is material.
Common Questions and Answers:
- Q: What constitutes a “material” error?
A: A material error is one that misleads the accused and results in a failure of justice. The court considers the specific circumstances of each case to determine if an error is material.
- Q: How does the accused prove that they were misled by an error?
A: The accused must show that the error in the charge sheet caused them to misunderstand the nature of the charges against them and that they were unable to properly defend themselves.
- Q: Can the accused waive the right to a proper charge sheet?
A: While the accused can waive certain rights, they cannot waive the right to a charge sheet that adequately informs them of the nature of the charges against them.
