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BNSS · Section 238 · Chapter XVIII — THE CHARGE

Effect of errors.

What this section does

An error or omission in stating the offence or required particulars in a charge is not material at any stage of the case unless the accused was actually misled by it and a failure of justice resulted. Courts assess materiality by examining whether the accused was prejudiced in fact, not merely by the technical defect in the charge.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Court · Accused
Old-law correspondence

Derived from CrPC s.215.

Read the official text

For the binding statutory text of BNSS Section 238, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 238 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.