Section 237 BNSS: Words in charge taken in sense of law under which offence is punishable (Formerly Section 214 CrPC)

Section 237 of Bharatiya Nagarik Suraksha Sanhita, 2023: Words in charge taken in sense of law under which offence is punishable

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 237

Section 237 enacts the statutory rule of interpretation that in every charge, words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.

Legal Terminology: Expressions like 'dishonestly', 'fraudulently', 'grievous hurt', or 'possession'.
Statutory Definitions Govern: Must be understood strictly according to their statutory definitions in Section 2 of the BNS, not ordinary colloquial meanings.
Strict Penal Interpretation: Eliminates ambiguity in judicial comprehension of charges.

Key Landmark Precedents:

Willie (William) Slaney v. State of M.P. AIR 1956 SC 116: The Supreme Court held that statutory terms used in a charge import all their legal ingredients defined in the penal code.
State of Maharashtra v. Babulal (1993) Supp 3 SCC 419: Affirmed that judicial construction of charges must adhere strictly to statutory penal definitions.

Courtroom Practice & Strategic Litigation Guidance:

Hold the prosecution strictly to the legal definition. If the charge uses the word 'dishonestly', the prosecution must prove wrongful gain or wrongful loss as defined in Section 2(7) BNS; proof of mere breach of contract will not sustain the charge.