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X is accused of obstructing Y, a public servant, in the discharge of his public functions when Y was…

BNSS section 234 requires the charge to identify the alleged legal provision and uses the court’s language. Section 236’s obstruction illustration additionally requires…

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X is accused of obstructing Y, a public servant, in the discharge of his public functions when Y was following a thief who was suspected to have taken refuge in a public hall. X was the gateman of the said public hall. A charge
1. Shall state the law and the section of the law against which the offence is said to have been committed
2. Shall be written in the language that is understood by the concerned parties, specifically the accused
3. Shall set out the manner in which X obstructed Y in the discharge of his functions Select the answer using the code given below :

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Answer and explanation

Correct answer C

BNSS section 234 requires the charge to identify the alleged legal provision and uses the court’s language. Section 236’s obstruction illustration additionally requires particulars explaining how the public servant was obstructed, because the offence’s name alone gives insufficient notice. The accused’s right to understand proceedings does not turn the charge-writing rule into a requirement to use whichever language each party prefers.

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