A is charged with the murder of Khoda Baksh on the 21st January, 2023. In fact, the murdered person's…
Under section 238 of the BNSS an error in the particulars of a charge is immaterial unless it misleads the accused and causes a failure of justice. Illustration (d) to…
Choose your answer
A is charged with the murder of Khoda Baksh on the 21st January, 2023. In fact, the murdered person's name was Haidar Baksh, and the date of the murder was the 20th January, 2023. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. What may the Court infer?
Answer and explanation
Correct answer B
Under section 238 of the BNSS an error in the particulars of a charge is immaterial unless it misleads the accused and causes a failure of justice. Illustration (d) to section 238 holds that, as A faced only one murder charge and had heard the inquiry about Haidar Baksh, the Court may infer "That A was not misled, and that the error in the charge was immaterial". Wrong names and dates do not by themselves make a charge void or entitle A to an acquittal, and A did not have to point out the error himself.
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