A is accused of obstructing B, a public servant, in the discharge of his public functions at a given…
Section 236 of the BNSS requires particulars of the manner of the offence where the ordinary particulars do not give sufficient notice, and illustration (d) to section 236…
Choose your answer
A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. Is it enough for the charge to state the time, the place and the name of B?
Answer and explanation
Correct answer B
Section 236 of the BNSS requires particulars of the manner of the offence where the ordinary particulars do not give sufficient notice, and illustration (d) to section 236 says that for obstructing a public servant "No, the charge must also set out the manner in which A obstructed B in the discharge of his functions". Time, place and person are not always enough, a charge states particulars, not the evidence, and naming the section does not tell A what act is alleged.
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