Code:
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.
(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.
Explanation:
This section mandates that if the particulars outlined in Sections 234 and 235 (which detail the essential elements of a charge) fail to provide sufficient notice to the accused about the nature of the offense, the charge must include additional particulars. These particulars should describe the manner in which the alleged offense was committed, ensuring the accused understands the specific allegations against them.
Illustrations:
- (a) Theft: If someone is accused of stealing an item at a particular time and place, the charge doesn’t need to specify the method of theft.
- (b) Cheating: In a case of cheating, the charge must detail the specific method used by the accused to deceive the victim.
- (c) False Evidence: When someone is charged with giving false evidence, the charge should identify the specific part of the evidence deemed false.
- (d) Obstruction of Public Servant: If someone is accused of obstructing a public servant in their duties, the charge must describe how the obstruction occurred.
- (e) Murder: A murder charge doesn’t need to specify the method of killing, as long as the time, place, and victim are clearly stated.
- (f) Disobeying Law: If someone is accused of disobeying a legal direction to protect another person from punishment, the charge must detail the specific disobedience and the law violated.
Common Questions and Answers:
- Q: What is the purpose of Section 236?A: To ensure that the accused is fully aware of the charges against them and has a fair opportunity to defend themselves.
- Q: When does Section 236 apply?A: When the information in Sections 234 and 235 is insufficient to adequately inform the accused about the offense.
- Q: What kind of particulars should be included in the charge under Section 236?A: Details about the manner in which the offense was allegedly committed, providing a clear understanding of the accusations.
